Understanding Public Authorities and Natural Justice: A Legal Perspective, Quizzes of Law

Download Understanding Public Authorities and Natural Justice: A Legal Perspective and more Quizzes Law in PDF only on Docsity! Question A public authority must always give reasons for its decisions. Solution Public authorities are corporate instruments of the state created by the legislative branch of government to further public interest. Public authorities have various levels of autonomy from state based on powers In another definition, a public authority is a corporate body authorized by legislative action to function outside of the regular structure of state or local government in order to finance, construct and usually to operate revenue-producing enterprise The states have provided for the creation of authorities in various ways. In most jurisdictions, authorities, especially on the state level, are created by special acts of the legislature. Such, for example, is the pattern in New York. Other states authorize the creation of public authorities under general enabling acts. In general, the authority has the status of a public corporation 8 and may make contracts, acquire and dispose of real and personal property, sue and be sued, borrow money and issue evidences of indebtedness, fix rates and collect fees or charges for the use of facilities, and hire personnel. Examples of public authorities include the police, armed forces, local authorities and their employees, prison staff, courts and tribunals, government departments and their employees Natural justice can have a double meaning. Firstly, it can be almost identical to the concept of natural law. The second meaning has got much more definite content: the phrase natural justice encapsulates two ideas: that the individual be given adequate notice of the charge and an adequate hearing (audi alteram partem), and that the adjudicator be unbiased. So statutes and other law books are key sources of natural justice. For instance, article 281 which is about the right to fair hearin states that “In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law therefore a person must have a fair procedure in executing justice Article 28(3)2 continues to explain that “Every person who is charged with a criminal offence shall be presumed to be innocent until proved guilty or until that person has pleaded guilty” and this can also be seen in the case of Naziwa v Uganda.3 In criminal, a person The onus is on the prosecution to prove that the accused person committed the alleged offence; and the standard is proof beyond reasonable doubt. 1 1995 constitution of Uganda 2 ibid 3 Naziwa v Uganda(2018) UGSC