Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

On Fairness

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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

10.1163/9789004257818_011
/content/books/b9789004257818s011
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Culture of Judicial Independence — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation