LAW309 TUTORIAL WEEK 7.docx - Rules of Natural Justice...

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Rules of Natural JusticeLAW309 TUTORIAL WEEK 71. NORALIYA SUHADA BINTI ABDUL RAHMAN (2019538933)2. NUR AFIQAH NADIAH BINTI ROSLAN (2019355999)3. AISHA RAIHANA BINTI MD KAMIL (2019373357)4. MYMUNAH BINTI RAZLIN (2019992879)QUESTION 1 – SEPTEMBER 2013INTRODUCTIONRules of Natural Justice or also known as RNJ is a procedural safeguard againstimproper exercise of power by a public body. This rule can be used to decide if the head hasreally consented to lawful method prior to making a move or settling on any ruling againstsomebody. Rule of regular equity worry with ''process'' that is utilized by administrator insettling on ruling against an individual and it very well may be arranged into two which areAudi Alteram Partem and Nemo Judex in Re Sua. To decide if the administrator has settledon a legitimate choice, these two components should be noticed; if not decision can betested in court of law. Audi alteram partem or knows as right of hearing or heard are dividedto two elements which are hearing and notice. Moreover, Nemo Judex in Re Sua meansrules against bias that divide to three categories which are pecuniary bias, personal bias andpolicy bias.
Rules of Natural JusticeISSUE 1 – CHARGEExtraction:Issue:The issue in this case whether Komeng can challenge the decision made by theDisciplinary Committee under charge in rules of natural justice.Law:Notice is a basic element in natural justice is that before adjudicatory proceedingsare underway, the party concerned should be given notice of the case against him or her. Itmust be complete and adequate. The accused must be informed of all charges made by her.A basic element in natural justice is that before adjudicatory proceedings are underway, theparty concerned should be givennoticeof the case against him or herNOTICEIn most of thecircumstances, it isrequired byadministrative law forthe affected
Rules of Natural Justiceperson of a public bodyto know in advance thecontent of the case thathe was alleged for.The reason of giving theparty concerned anearly notice is to enablethem to adequatelydefend themselves thusit has to be given withina reasonable andsufficient amount oftime. Itis sufficient for thenotice to containadequate amount of
Rules of Natural Justiceinformation regardingthe case and itneed not to be lengthyand detail. A valid noticemust include grounds inwhich the actionwanted to be taken inclear and unambiguousterms. Any proceedingthat exclude the actionof givingnotice willinfringe hisnaturaljusticeand thereforewill thereforerender itasinvalid.
Rules of Natural JusticeInthecaseofMaradanaMosqueTrusteevBadi-Ud-dinMahmun2,theschoolmanagers were being

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