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    NUR SABRINA CHAP 6 (Q6)

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    2024959437

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    NUR SABRINA CHAP 6 (Q6)

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    2024959437
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    11 views1 page

    NUR SABRINA CHAP 6 (Q6)

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    2024959437

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    © All Rights Reserved
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    of 1

    NUR SABRINA BINTI NAZFAIRUL (LAWR1)

    LAW034 (CHAPTER 6)
    QUESTION 6

    ISSUE – Whether or not Anthony’s dismissal from the Kickaboo Rugby National Team is
    natural justice?
    LAW – From the perspective of justice, it is Audi Alteram Partem under Natural Justice. Audi
    Alteram Partem is Latin maxim means let the other side be heard. This is the first
    fundamental rule of natural justice that says no one should be condemned unheard. In a
    circumstance where a person against whom any action is sought to be taken and his right or
    interest is being affected, shall be given an equal opportunity of being heard and defend
    himself.
    According to Aristotle, justice is principally used to described a conduct in agreement with
    law. He powerfully argues that all lawful and fair acts are just while all unlawful and unjust
    acts are unfair.
    In Article 135 (2) of the Federal Constitution lays down that no public servant shall be
    dismissed or reduced in rank without being given a reasonable opportunity of being heard.
    This provision specifically mentions the protection of reasonable opportunity of being heard
    in any case of dismissal or reduction in rank against public servants.
    This can refer to the case of Najar Singh v Govt of Malaysia (1974). A police officer while
    in prevention detention received a notice as to why he should not be dismissed from the
    police officer. He sent a reply, but he was dismissed. He was given a chance to exculpate
    himself in writing but was not allowed an opportunity for oral hearing, He challenged his
    dismissal on the ground that he was entitled to an oral hearing. The Federal Court ruled that a
    hearing does not necessarily mean an oral.
    APPLICATION – So, Anthony’s dismissal from Kickaboo Rugby National Team is natural
    justice even this justice not provided in the Federal Constitution, but it is considered as a
    necessary element for the administration of justice. Natural justice classified into two main
    components which are right to be heard and rule against bias. For right to be heard, Anthony
    did not get the chance to explain why he threw a punch at the coach and after that he was
    dismissed in his rugby team without any defence from him.
    For rule against bias, the type in Anthony’s case is personal bias. It is because, Anthony
    was born in America and being the only black in his team. Not just that, Anthony was forced
    to sit out, play different position and the coach also providing him with a separate changing
    room.
    CONCLUSION – In conclusion, Anthony’s dismissal from the Kickaboo Rugby National
    Team from the perspective of justice is natural justice.

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