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Law and change: Scottish legal heroes
Law and change: Scottish legal heroes

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6 Rules of natural justice

Correct procedure (or ‘due process’) is vitally important, because there are some tried-and-tested procedural mechanisms which are likely to secure a just outcome and demonstrate the rule of law.

The ‘rules of natural justice’ are rules of procedure. What amounts to a fair process may vary depending on the circumstances. As a general rule, however, a person likely to be affected by a decision should be given adequate notice to allow them to make representations. This may mean that they have a right to an oral hearing or it may just allow them an opportunity to make written submissions. If there is available evidence then there must be an opportunity for all parties to consider and make representations. In determining whether there has been a fair hearing, the court will consider whether there has been equality of treatment.