Common Law Principle of "Natural Justice", page-9

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09/08/24

16:21

Post #: 75145296
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Originally posted by ZafiTiana: ↑

Doubt the arbitrators are going to make a decision a case that is now before the Greenland courts. Which is why the GoG is claiming arbitration has no jurisdiction in the first instance.

Ho hum! But isn't this idea of appealing the case to Greenland's courts where the defendant is the Government of Greenland and the Greenland courts are appointed by and answerable to this same Government of Greenland just what I was banging on about here ............. denial of "Natural Justice"?

"What is the principle of Nemo debet esse judex in propria causa?

The principle of "Nemo debet esse judex in propria causa" means that no one should be a judge in their own cause. This is a fundamental rule of natural justice that requires those making decisions to be impartial and free from bias.

The key aspects of this principle are:
It aims to prevent conflicts of interest and ensure fairness in legal proceedings. If someone has a personal stake in a case, they cannot objectively evaluate the matter.
It applies to any adjudicatory body or individual making binding decisions that affect rights or interests of others. This includes courts, tribunals, arbitrators, administrative agencies, etc.
The rule requires that the decision-maker is disinterested and independent regarding the issues and parties involved.
Even the appearance of bias should be avoided.If a conflict of interest exists, the decision-maker must withdraw from the case. The parties involved are also entitled to object to a biased adjudicator under this rule.

The principle has its origins in Roman law and has been adopted into common law legal systems. It is a universally accepted requirement of procedural fairness and natural justice across jurisdictions. The maxim underscores the need for impartiality and objectivity in legal decision-making."[taken from: https://getlegalbuddies.com/blog/nemo-judex-in-causa-sua-legal-concept-explained/]

...... but maybe you're right and I'm wrong

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"Ho hum! But isn't this idea of appealing the case to Greenland's courts where the defendant is the Government of Greenland and the Greenland courts are appointed by and answerable to this same Government of Greenland just what I was banging on about here ............. denial of "Natural Justice"?"

No. Refer to separation of power under the constitution.
ETM Price at posting: 2.1¢ Sentiment: None Disclosure: Not Held
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Common Law Principle of "Natural Justice", page-9

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Common Law Principle of "Natural Justice", page-9

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