In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per R v Malmo-Levine.[1] These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws).
The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person's interests. In other words, the more a person's rights or interests are adversely affected, the more procedural or substantive protections must be afforded to that person in order to respect the principles of fundamental justice.[2] A legislative or administrative framework that respects the principles of fundamental justice, as such, must be fundamentally fair to the person affected, but does not necessarily have to strike the "right balance" between individual and societal interests in general.[3]
The term is used in the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms and also the New Zealand Bill of Rights Act 1990. Fundamental justice, although closely associated with, is not to be confused with the concepts of due process, natural justice, and Wednesbury unreasonableness.
^R. v. Malmo‑Levine; R. v. Caine, [2003] 3 S.C.R. 571 at para. 113.
^Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9 at para. 25.
^Malmo-Levine, supra note 1 at para. 96
and 27 Related for: Fundamental justice information
Zealand law, fundamentaljustice is the fairness underlying the administration of justice and its operation. The principles of fundamentaljustice are specific...
administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamentaljustice (Canada), procedural...
the Lord Chief Justice of England and Wales, that "[i]t is not merely of some importance, but of fundamental importance that justice should not only...
constitutional only if the denials do not breach what is referred to as fundamentaljustice. This Charter provision provides both substantive and procedural...
The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can...
countries in which they may face the death penalty is a breach of fundamentaljustice under section 7 of the Canadian Charter of Rights and Freedoms. The...
remains a rule with clear exceptions and cannot be a principle of fundamentaljustice. Several policy considerations were discussed which supported the...
guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural...
first principles of fundamentaljustice in the Canadian Charter of Rights and Freedoms ("Charter"), beyond mere natural justice, by requiring a fault...
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified...
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens...
partem" is considered to be a principle of fundamentaljustice or equity or the principle of natural justice in most legal systems. This principle includes...
Limited [2015] UKSC 17. Compare: patently unreasonable, fairness, fundamentaljustice and due process. In the United States, a similarly dominant case...
the fundamental rights, in addition to the certiorari power of the Supreme Court. In addition to the power to issue certiorari to protect fundamental rights...
principle of fundamentaljustice in the courts below and had been found in all the key documents in the formulation of the concept of justice in Western...
fair and consistent application of due process (in the U.S.) or fundamentaljustice (in other common law countries) to all cases that come before a court...
executed after extradition to another country to be a breach of fundamentaljustice — a legal right under Section 7 of the Canadian Charter of Rights...
of appeal exists, whether or not this right has been exercised. As a fundamental human right in the 1789 Declaration of the Rights of Man and of the Citizen...
principle of judicial review based upon due process (United States) or fundamentaljustice (Canada). Judicial review of administrative decisions is different...
the applicability of fundamentaljustice under the Canadian Charter of Rights and Freedoms on extradition. While fundamentaljustice in Canada included...
enforcement of the fundamental rights. Any act of the executive or of the Legislature which takes away or abridges the fundamental rights shall be void...
consequences, and justice is important, if at all, only as derived from that fundamental standard. Mill tries to explain our mistaken belief that justice is overwhelmingly...
liberty and security of the person, and in another section, rights to fundamentaljustice (the Charter combines those rights in Section 7) The right to the...
a constitutional right to an oral hearing, by the principles of fundamentaljustice. The judgment was an early decision under the Canadian Charter of...
been held to be unconstitutional, as breaching the principles of fundamentaljustice. In some jurisdictions, the common law felony murder (called constructive...
[failed verification] The purpose of mandamus is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal...
Global Information