ABSTRACT
The term ‘natural justice’ is used in contemporary jurisprudence to refer to the body of general principles and acceptable minimum standards of fairness now required in the overall processes of adjudication. Natural justice is often equated with fairness, and there is no such thing as a technical breach of it: R v Chief Constable of Thames Valley Police ex p Cotton (1990). (In John v Rees (1970), the court referred to natural justice as ‘justice that is simple and elementary, as distinct from justice that is complex, sophisticated and technical’.)
Usage suggests that for some commentators the concept has overtones of the notion of natural law-natural justice is to be viewed as linked inextricably with metaphysical and religious thought. Thus, Lord Denning, in The Changing Law (1953), wrote that ‘our conception of justice is only the Christian teaching of love’:
‘Some people speak of “natural justice” as though it was a thing well recognisable by anyone, whatever his training or upbringing. But I am quite sure that our conception of it is due entirely to our habits of thought through many generations… The precepts of religion, consciously or unconsciously have been [the judges’] guide in the administration of justice.’
