scholarly journals Principles of natural justice, their relevance and importance to doctors

2021 ◽  
Vol 66 (2) ◽  
pp. 59
Author(s):  
Arosha Dissanayake ◽  
Satish Goonesinghe
Keyword(s):  
Natural Justice

Traditional Thought and Utopian Egalitarianism in the Tianyi bao: The Rise of an Anarchist Ideal among Chinese Communities in Tokyo

2012 ◽  
Vol 17 (01) ◽  
pp. 121-163
Author(s):  
Emanuela Gaudino
Keyword(s):  
Chinese Students ◽  
Ideal Society ◽  
Natural Justice ◽  
Official Organ ◽  
Chinese Overseas ◽  
Chinese Intellectuals ◽  
Political Turmoil

This essay discusses the experience of anarchism among young Chinese intellectuals based in Japan between 1907-1908. The rise of an anarchist ideal among Chinese intellectuals was firstly related to their acquaintance with Japanese radicals. In 1907 division among the Tongmenghui leadership and the conversion of Japanese intellectuals to anarchism made Chinese students and intellectuals based in Tokyo more susceptible to radical political doctrines. Anarchism emerged as a new trend out of this political turmoil. Liu Shipei, He Zhen and Zhang Ji were the central figures of the Tokyo Group and the main supporters of the anarchist propaganda in Japan. Through the acquaintance with the Kinyōkai 金矅会 (Friday Group), the radical socialist faction led by Kōtoku Shūsui, they were able to bring together the Chinese overseas communities in Japan, who were dissatisfied with the principle of Tongmenghui and its leadership. The close relations with Kōtoku and Japanese socialists, the affiliation with the Tongmenghui and the quarrels within the same Alliance concerning Sun’s leadership, the establishment of societies among Chinese students in Japan and the publication of a journal, all consent to define the contours of anarchist activities in Japan between the years 1907-1908. My goal in the following pages is to highlight the Japanese route of Chinese anarchism outlining anarchist thinking and propaganda as delineated in the pages of their official organ, the Tianyi bao (Journal of Natural Justice). Overall, I will try to answer these three questions. First, how did Chinese traditional thought become a means to sustain utopian egalitarianism? Second, how did Kōtoku Shūsui and Japanese anarchists influence the rise of an anarchist ideal among Chinese intellectuals based in Japan? And third, how did the Tianyi bao promote a racial, social and political revolution in order to create an ideal society?

The scourging of Iraq: sanctions, law and natural justice

1997 ◽  
Vol 73 (3) ◽  
pp. 605-605
Author(s):  
Simon Henderson
Keyword(s):  
Natural Justice

scholarly journals SCALIA, HAMDAN AND THE PRINCIPLES OF SUBJECT MATTER RECUSAL

2012 ◽  
Vol 19 (1) ◽  
pp. 149-170
Author(s):  
Brian Flanagan
Keyword(s):  
Subject Matter ◽  
Natural Justice ◽  
Open Mind ◽  
The Us ◽  
Normative Basis ◽  
The Subject ◽  
Relationship Of ◽  
Constitutional Adjudication ◽  
The Relationship ◽  
Practical Level

The point of judicial recusal is at once obvious and elusive.  The idea of a partial judge immediately grates on our sense of fairness.  Almost invariably, the normative basis of judicial impartiality is traced to what is described as ‘natural justice’;1 specifically the celebrated maxims of nemo iudex in causa sua2 and audi alteram partem.3  But the relationship of this moral bedrock to the exigencies and settled practices of constitutional adjudication is far from straightforward.  This article will focus on the implications of the latter principle – perhaps best translated as a standard of judicial open-mindedness regarding the subject matter of a dispute.  Despite its moral immediacy, there are serious theoretical objections, best described as ‘realist,’ to an expansive conception of judicial open-mindedness.  Likewise, at a practical level, the institution of the dissenting opinion can be seen as diluting the duty to keep an open mind, at least in jurisdictions such as the US where judges are expected to exhibit relatively little deference towards previous decisions in which they were outvoted.

scholarly journals Alternative Dispute Resolution: Use and Abuse of Information and Specialized Knowledge

1995 ◽  
Vol 33 (2) ◽  
pp. 301
Author(s):  
Judith A. Snider ◽  
C. Kemm Yates
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Specialized Knowledge ◽  
Natural Justice ◽  
The Subject ◽  
The Relationship

The authors examine the subject of Alternative Dispute Resolution ("ADR") with a focus on the issue of specialized knowledge and its use in two particular spheres of ADR: regulatory tribunals and arbitration. The authors define "specialized knowledge" and compare it to the concept of evidence in order to determine whether it is evidence which can be relied upon by regulators and arbitrators in the context of their ADR decision-making. The relationship between specialized knowledge and the rules of natural justice is explored — in particular, the audi alteram pattern rule and the rule against bias. The authors conclude by suggesting guidelines to be used by arbitrators and regulatory tribunals in adjudicating on matters before them in order to avoid challenges, by judicial review, to their decisions on the basis of misuse or "abuse" of their specialized knowledge.

Enforcing the Shari`ah in Nigeria

2009 ◽  
Vol 26 (3) ◽  
pp. 24-40
Author(s):  
Ogechi Anyanwu
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Muslim Women ◽  
Social Solidarity ◽  
Northern Nigeria ◽  
Natural Justice ◽  
The Law ◽  
Uncertain Future

The reemergence of the Shari`ah in northern Nigeria in 2000 is reshaping the Muslims’ criminal justice system in unintended ways. This article accounts for and provides fresh insights on how the fate of Muslim women under the Shari`ah intertwines with the uncertain future of the law in Nigeria. Using Emile Durkheim’s theory of conscience collective as an explanatory framework of analysis, I argue that the well-placed objective of using the Shari` ah to reaffirm or create social solidarity among Muslim Nigerians has been undermined by the unequal, harsher punishments and suppression of human rights perpetrated against Muslim women since 2000. A I show, not only does such discrimination violate the principle of natural justice upheld by Islam, but it also threatens to shrink, if not wipe out, the collective conscience of Nigerian Muslims that the law originally sought to advance.

Sign in / Sign up

Export Citation Format

Share Document