POLSCI 3LC3 Lecture Notes - Lecture 9: Natural Justice, Privative
15 Dec 2017
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What they should have been given comes rst, then you look at the facts and say whether or not rodd noway got those procedural protections. Rule against bias: bias versus reasonable apprehension of bias: Whether a reasonable person, aware of all of the facts, would have a reasonable apprehension or concern that decision maker was not neutral or made their decision on the basis of irrelevant factors. It is rarely the case that there is a clearly known bias about the facts of the case. Therefore it is not necessary to prove whether there is a clear bias, but only that there is a reasonable apprehension of bias: lack of independence: Can the adjudicator make an impartial decision. Members of the tribunal are so connected to the government that there is no way that they would render a decision which would be contrary to the wishes of the government: sliding scale of protection:
