Exclusion of the Rules of Natural Justice
journal contributionposted on 29.10.2019, 09:11 by Matthew Groves
Natural justice is a common law doctrine that provides important procedural rights in administrative decision-making. The doctrine now has a wide application and is presumed by the courts to apply to the exercise of virtually all statutory powers. But the courts have also accepted that natural justice can be excluded by legislation that is expressed in sufﬁciently clear terms. This article explains how the courts have made it increasingly difﬁ cult for parliaments to exclude natural justice and the principles that apply to its legislative exclusion. It is argued that the interpretive principles applied to legislation which purports to exclude natural justice are so strict that it is very difﬁ cult for parliaments to succeed in any attempt to exclude the doctrine.