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The Right To Notice Under Audi Alteram Partem: A Comparison Of India, The UK, And Canada




Qamrush Zehra, LLM, Gujarat National Law University, Gandhinagar


ABSTRACT


Audi alteram partem (i.e., "hear the other side") is a recognized principle of natural justice and an essential part of the structure to preserve fairness in administrative and judicial proceedings, as natural justice has evolved. The purpose of comparing the right to notice as a principle of Audi alteram partem in this paper is to explore how the right to notice has evolved and is applied in the legal systems of three common law jurisdictions, including India, the United Kingdom, and Canada. Furthermore, the right to notice as an element of the principle of Audi alteram partem has fostered a jurisprudence around balancing individual rights and freedoms with an efficient governmental service, resulting in a legal and practical right to notice. The comparison of the statutory provisions, case law, and judicial definitions across India, the United Kingdom, and Canada has highlighted development, consistency, and shortcomings in light of an evolving understanding of the right to notice within the principle of Audi alteram partem. The anticipation is that comparisons of this order will result in further development in procedural fairness across common law jurisdictions to improve and enhance administrative justice reform in the rest of the world.


Keywords: Audi Alteram Partem, Right to Notice, Natural Justice, Procedural Fairness, Administrative Law, Comparative Law, India, United Kingdom, Canada, Judicial Review, Due Process, etc.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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