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On Fairness

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Chapter Summary

The concept of 'natural justice' was emphatically unmasked as a construct of the legal system by the authorship of the legal profession, and as such was recognised as not unnatural, by Mr. Justice Maugham. Fairness was always undefinable, rather like the elephant, it was not an easy task, but fairness in practice had the elephantine quality of being easy to recognise. The fairness in the criminal justice system does not exclusively focus on procedure and in that respect is distinguishable from fairness in the courts of civil justice. The notion that 'fairness' outreached the individual's fundamental right to fair treatment had potentially emerged in legislation on criminal procedure. This chapter concludes that the gamut of adjectival law has been appropriately covered in the decision-making of the courts, ranging from fairness to individual disputants in litigious rivalry, to the public alike through the medium of society's legal institutions.

Keywords: criminal justice system; fairness; natural justice



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