Right to Fair and Public hearing Legal Frameworks Order Instructions

Right to Fair and Public hearing Legal Frameworks Sample Answer

In every country, there exist legal frameworks within which individuals are tried and sentenced in a court of law. Each person is legally guaranteed the right to fair and public criminal trial or individual is granted a fair and public hearing proceedings.

In Australia right to fair trial and hearing encompasses: Each and every individual is equal before courts and tribunal. Secondly, individuals have the right to fair and public hearing before an independent, competent neutral court or tribunal recognized by the law (Namakula, 2014). The statute also guarantees right of presumption of innocence until proven guilty and the right to counsel and not to be forced to self-incriminate. However, judges have absolute authority in the courtroom and in some cases the judgment is passed upon the discretion of the judge and not through a fair trial.

This paper argues the point that judges have absolute authority in the courtroom and this means that an individual can never get a fair trial. By outlining the scope of fair trial and hearing in the courts and situations where the right of fair trial ad hearing is limited.

The statute grants the right to fair trial and hearing to be applied in both civil and criminal proceedings and in cases before tribunals and courts of law. The right ideally ensures that there exists procedural fairness in court proceedings rather than a substantive decision made by the discretion of judges. The right to fair trial and hearing encompasses the rights discussed below

Right to Fair and Public hearing Legal Frameworks and Equality

For a court proceeding to be regarded as fair hearing, the court should recognize the interests of the community, the accused and the victim not excluding all other parties involved in the civil proceedings. The proceedings should respect the principle of “equality of arms” (Namakula, 2012). This principle dictates that all parties must be given a reasonable chance to present their case without feeling disadvantaged against other parties involved in the legal proceeding.

The right to public hearing

This right constitutes the notion that apart from administering justice, it must be subjected to legal proceedings and to public scrutiny (Mart