The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana

Ronald Osei Mensah

doi:doi:10.11648/j.ijls.20220504.14

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The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana

Ronald Osei Mensah

Published in International Journal of Law and Society (Volume 5, Issue 4)

Received: 11 October 2022 Accepted: 3 November 2022 Published: 16 November 2022

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Abstract

As its name implies, Natural Justice is so fundamental that it is equated to being innate, intuitive or instinctive. It is essentially designed to ensure fairness in the application of law. This paper aims to discuss the relevance of natural justice in the decision-making processes of public bodies and officials, taking the 1992 constitution of Ghana in perspective. The principles are so fundamental and universal that they are implied to apply to every situation of the law unless otherwise explicitly stated in statutes. It has even been said that, the Biblical events at the Garden of Eden; specifically, the act of disobedience by Adam and Eve and their subsequent trial by God marked the beginning and development of these principles. This paper studies the twin principles of Natural Justice against the backdrop of the 1992 Constitution of Ghana. According to the study, "natural justice" is based on the two (2) principles that "no man shall be punished without due process of law" and "no man shall be judge in his own cause (with exception)". People have the right to seek redress in front of a court or other authority if they have been mistreated by the implementation of such acts or decisions. The principles of natural justice essentially guarantee justice and fairness therefore, the importance of the exercise of Natural Justice is clearly indicated. It is recommended that Rule of law should be strictly adhered to without prejudice. Also, due process should be followed without any human or institutional interference. Furthermore, the media must apply professional standards in their work delivery in the support of natural justice.

Published in	International Journal of Law and Society (Volume 5, Issue 4)
DOI	10.11648/j.ijls.20220504.14
Page(s)	371-377
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Audi Alteram Partem, Bias, Fair Hearing, Natural Justice, Nemo Judex

References

[1]	Addaney, M., & Nyarko, M. G. (Eds.). (2017). Ghana@ 60: Governance and human rights in twenty-first century Africa. Pretoria University Law Press.
[2]	Adomako, E. K., Quansah, C., & Mensah, R. O. (2022). Assessing the Challenges of Information, Communication and Technology Education in the Rural Communities of Ghana: A Case of Sekyere South District. Mediterranean Journal of Social Sciences, 13 (4), 49-61.
[3]	Appau, J. Y. (2011). Assessment of Damages. Induction Course for Newly Appointed Circuit Judges at the Judicial Training Institute.
[4]	Awudja, J. C., Mensah, R. O., Kwegyiriba, A., & Frimpong, A. (2021). Public Attitudes towards Death Penalty Provisions: Relevance of Ethico-Phenomenological Principles in the Operation of Articles 3 (3) & 19 (2) of the 1992 Republican Constitution of Ghana.
[5]	Blanchard, S. (2014). Republic v. High Court Accra, ex parte Attorney General. American Journal of International Law, 108 (1), 73-79.
[6]	Ennin, D., & Mensah, R. O. (2022). Cybercrime in Ghana and Victims Accounts, Mediterranean Journal of Social Sciences, 13 (3), 1-14. DOI: 10.36941/mjss-2022-0019
[7]	Frimpong, A., & Mensah, R. O. (2021). Financial Inclusion and Rural Development in Ghana. Dutse International Journal of Social and Economic Research, 6 (2), 87-93.
[8]	Frimpong, A, Babah, P. A., Mensah, R. O., Obeel, C., Acquah, A & Acheampong, J. W. (2021). The Socioeconomic Significance of the Okada Phenomenon in Ghana and Implications on Politics: A Comparative Analysis of the Mahama and Akufo-Addo Eras in 2020 Electioneering Campaign. Journal of African Interdisciplinary Studies, 5 (2), 35-45.
[9]	Obeng-Ayisi, E., Quansah, C., Mensah, R. O., & Acquah, A. (2022). An Investigation into Factors Impacting on Customer Decision to Adopt E-Banking: Viewpoints of GCB Customers. Technium Soc. Sci. J., 33, 357.
[10]	Okwor, K. O. D. (2014). Nemo judex in casusa sua: A case for the reevaluation of the composition and disciplinary powers of the National Judicial Council. Unpublished Masters Dissertation. Nigeria: University of Jos.
[11]	Jaha, R. I., Mensah, R. O., & Acquah, A. (2017). The Role of the Media and Political Tolerance in Ghana: Perceptions of University of Cape Coast Students. New Media and Mass Communication, 64, 1-19.
[12]	Kwegyiriba, A., Fynn, P. K., Mensah, R. O., Aidoo, E., & Enchill, Y. T (2021) Adoption of Technology Acceptance Model in Technical Universities Libraries: Implication to Higher Education in Ghana. Journal of Educational and Psychological Research, 3 (2), 247-251.
[13]	Melon, V. (2002). Pervasive computing goes to work: interfacing to the enterprise. Pervasive Computing, 1 (3), 6-12.
[14]	Mensah, R. O. (2019). Sociological analysis of police training practices in Ghana: Theoretical and conceptual schools of thought. Research on Humanities and Social Sciences ISSN, 2224-5766.
[15]	Nasir, M., Dahalan, W., & Adibah, W. S. (2017). The Implementation of Sovereignty Theory on the Interest of Malaysia in the History of Spratly Island's Disputes. JL Pol'y & Globalization, 66, 9.
[16]	Mensah, R. O. (2018). Assessment of Training Practices in the Ghana Police Service. Journal of Law, Policy and Globalization, 79, 265-273.
[17]	Mensah, Boasiako & Acquah (2017). Assessing the Role of the Mass Media to Conflict Resolution in Tuabodom. New Media and Mass Communication, 63, 1-5.
[18]	Scalia, A. (1989). The rule of law as a law of rules. U. Chi. l. reV., 56, 1175.
[19]	Yeboah, V. E., Quansah, C., & Mensah, R. O. (2022). Exploring the Determinants of Workplace Ethics and Organizational Performance in the Health Sector: A Case Study of Vednan Medical Center in Kumasi. Ghana. Journal of International Cooperation and Development, 5 (2), 36-59

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Ronald Osei Mensah. (2022). The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana. International Journal of Law and Society, 5(4), 371-377. https://doi.org/10.11648/j.ijls.20220504.14

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ACS Style

Ronald Osei Mensah. The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana. Int. J. Law Soc. 2022, 5(4), 371-377. doi: 10.11648/j.ijls.20220504.14

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AMA Style

Ronald Osei Mensah. The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana. Int J Law Soc. 2022;5(4):371-377. doi: 10.11648/j.ijls.20220504.14

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@article{10.11648/j.ijls.20220504.14,
  author = {Ronald Osei Mensah},
  title = {The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {371-377},
  doi = {10.11648/j.ijls.20220504.14},
  url = {https://doi.org/10.11648/j.ijls.20220504.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.14},
  abstract = {As its name implies, Natural Justice is so fundamental that it is equated to being innate, intuitive or instinctive. It is essentially designed to ensure fairness in the application of law. This paper aims to discuss the relevance of natural justice in the decision-making processes of public bodies and officials, taking the 1992 constitution of Ghana in perspective. The principles are so fundamental and universal that they are implied to apply to every situation of the law unless otherwise explicitly stated in statutes. It has even been said that, the Biblical events at the Garden of Eden; specifically, the act of disobedience by Adam and Eve and their subsequent trial by God marked the beginning and development of these principles. This paper studies the twin principles of Natural Justice against the backdrop of the 1992 Constitution of Ghana. According to the study, "natural justice" is based on the two (2) principles that "no man shall be punished without due process of law" and "no man shall be judge in his own cause (with exception)". People have the right to seek redress in front of a court or other authority if they have been mistreated by the implementation of such acts or decisions. The principles of natural justice essentially guarantee justice and fairness therefore, the importance of the exercise of Natural Justice is clearly indicated. It is recommended that Rule of law should be strictly adhered to without prejudice. Also, due process should be followed without any human or institutional interference. Furthermore, the media must apply professional standards in their work delivery in the support of natural justice.},
 year = {2022}
}

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TY - JOUR
T1 - The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana
AU - Ronald Osei Mensah
Y1 - 2022/11/16
PY - 2022
N1 - https://doi.org/10.11648/j.ijls.20220504.14
DO - 10.11648/j.ijls.20220504.14
T2 - International Journal of Law and Society
JF - International Journal of Law and Society
JO - International Journal of Law and Society
SP - 371
EP - 377
PB - Science Publishing Group
SN - 2640-1908
UR - https://doi.org/10.11648/j.ijls.20220504.14
AB - As its name implies, Natural Justice is so fundamental that it is equated to being innate, intuitive or instinctive. It is essentially designed to ensure fairness in the application of law. This paper aims to discuss the relevance of natural justice in the decision-making processes of public bodies and officials, taking the 1992 constitution of Ghana in perspective. The principles are so fundamental and universal that they are implied to apply to every situation of the law unless otherwise explicitly stated in statutes. It has even been said that, the Biblical events at the Garden of Eden; specifically, the act of disobedience by Adam and Eve and their subsequent trial by God marked the beginning and development of these principles. This paper studies the twin principles of Natural Justice against the backdrop of the 1992 Constitution of Ghana. According to the study, "natural justice" is based on the two (2) principles that "no man shall be punished without due process of law" and "no man shall be judge in his own cause (with exception)". People have the right to seek redress in front of a court or other authority if they have been mistreated by the implementation of such acts or decisions. The principles of natural justice essentially guarantee justice and fairness therefore, the importance of the exercise of Natural Justice is clearly indicated. It is recommended that Rule of law should be strictly adhered to without prejudice. Also, due process should be followed without any human or institutional interference. Furthermore, the media must apply professional standards in their work delivery in the support of natural justice.
VL - 5
IS - 4
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Author Information

Ronald Osei Mensah

Social Development Department, Centre for Languages and Liberal Studies, Takoradi Technical University, Takoradi, Ghana

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APA Style

Ronald Osei Mensah. (2022). The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana. International Journal of Law and Society, 5(4), 371-377. https://doi.org/10.11648/j.ijls.20220504.14

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ACS Style

Ronald Osei Mensah. The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana. Int. J. Law Soc. 2022, 5(4), 371-377. doi: 10.11648/j.ijls.20220504.14

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AMA Style

Ronald Osei Mensah. The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana. Int J Law Soc. 2022;5(4):371-377. doi: 10.11648/j.ijls.20220504.14

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@article{10.11648/j.ijls.20220504.14,
  author = {Ronald Osei Mensah},
  title = {The Relevance of Natural Justice in the Decision-Making Processes of Public Bodies and Officials in Ghana},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {371-377},
  doi = {10.11648/j.ijls.20220504.14},
  url = {https://doi.org/10.11648/j.ijls.20220504.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.14},
  abstract = {As its name implies, Natural Justice is so fundamental that it is equated to being innate, intuitive or instinctive. It is essentially designed to ensure fairness in the application of law. This paper aims to discuss the relevance of natural justice in the decision-making processes of public bodies and officials, taking the 1992 constitution of Ghana in perspective. The principles are so fundamental and universal that they are implied to apply to every situation of the law unless otherwise explicitly stated in statutes. It has even been said that, the Biblical events at the Garden of Eden; specifically, the act of disobedience by Adam and Eve and their subsequent trial by God marked the beginning and development of these principles. This paper studies the twin principles of Natural Justice against the backdrop of the 1992 Constitution of Ghana. According to the study, "natural justice" is based on the two (2) principles that "no man shall be punished without due process of law" and "no man shall be judge in his own cause (with exception)". People have the right to seek redress in front of a court or other authority if they have been mistreated by the implementation of such acts or decisions. The principles of natural justice essentially guarantee justice and fairness therefore, the importance of the exercise of Natural Justice is clearly indicated. It is recommended that Rule of law should be strictly adhered to without prejudice. Also, due process should be followed without any human or institutional interference. Furthermore, the media must apply professional standards in their work delivery in the support of natural justice.},
 year = {2022}
}

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