Constitutional damages, procedural due process and the Maharaj legacy: A comparative review of recent Commonwealth decisions (part 2)

Abstract

The general attitude of the common law is that a failure to observe the rules of natural justice leading to an administrative decision renders the decision invalid and of no effect. The courts have used terms like ‘void’, ‘nullity’ and ‘voidable’ to describe the outcome of such decisions. In any event, the Privy Council has held that even though such a decision may be void, it would be necessary to have a court to declare it to be so since it was capable of having some effect in law and could be the basis of an appeal to a higher body, administrative or judicial. In most instances, a declaration, and depending on the circumstances, a mandamus or a declaratory judgment coupled with a mandamus4 may be the appropriate remedy. The situation may however be different in the case of a holder of public office.