Denning 3, Administrative Law, Natural Justice

Summary

The video explores the importance of tribunals and courts providing reasons for their decisions. The speaker emphasizes that giving reasons aids in clarity, transparency, and the integrity of legal processes. They argue that providing reasons is a vital element of natural justice, offering fairness to all parties involved and supporting the appeals process. While acknowledging that some courts, like magistrates, may not be required to give reasons, the speaker advocates for the general practice of offering justifications for decisions, as it helps clear the mind of decision-makers and improves legal transparency.

Takeaways

• 😀 The speaker emphasizes the importance of giving reasons in legal and tribunal decisions to provide transparency and clarity.
• 😀 The act of writing down reasons helps clear the mind and may even lead to changing one’s perspective on a decision.
• 😀 Providing reasons is seen as an element of natural justice, ensuring that parties involved understand the grounds for a decision.
• 😀 Reasons for decisions can also provide satisfaction to the parties involved, making the process feel fairer.
• 😀 Courts and appellate bodies benefit from having reasons, as they can assess the grounds for a decision in appeals or reviews.
• 😀 The speaker recalls past cases, such as the Gilmore case, where the need for giving reasons was developed in the law.
• 😀 While some legal systems require reasons for decisions (e.g., industrial tribunals), others, such as magistrates in the UK, do not.
• 😀 Lord Mansfield’s historical view is cited, suggesting that giving reasons might sometimes lead to flawed reasoning despite the correctness of a decision.
• 😀 Despite Lord Mansfield's view, the speaker suggests that giving reasons should be widely adopted as a practice for tribunals and courts.
• 😀 The speaker supports the notion that giving reasons helps improve the quality of decision-making and fosters better legal transparency.
• 😀 Writing judgments with clear reasons often leads to greater clarity of thought and more precise decision-making.

Q & A

Why does the speaker emphasize the importance of giving reasons for decisions in tribunals and courts?

The speaker emphasizes that providing reasons helps clarify the decision-making process, aids in personal reflection when writing judgments, and offers transparency to parties involved. It also ensures that an appeal or inquiry can be properly assessed.

What is the connection between giving reasons and natural justice, according to the speaker?

The speaker believes that the practice of giving reasons should be recognized as a key element of natural justice, as it promotes transparency and fairness in the decision-making process.

What did Lord Mansfield suggest about giving reasons for judicial decisions, and how does this differ from the speaker's view?

Lord Mansfield advised judges to give decisions without explaining the reasons, as he believed reasons were likely to be flawed. This contrasts with the speaker’s view, who thinks giving reasons is beneficial for clarity and accountability.

How does the speaker describe the effect of writing reasons on the decision-maker's thinking process?

The speaker describes that writing reasons forces the decision-maker to clarify and solidify their thoughts. It helps clear the mind and may even lead them to change their stance after articulating the reasoning.

What role does giving reasons play in the context of appeals and court inquiries?

Giving reasons allows higher courts or tribunals to understand the basis for a decision, making it easier to review the case and determine whether the decision was justified.

What stance does the speaker take on whether all tribunals should be required to give reasons?

The speaker suggests that while it should generally be a requirement, not all tribunals are legally obligated to provide reasons. However, they believe that giving reasons should be standard practice, especially in modern tribunals, which often require it by statute.

How does the speaker feel about the historical approach to giving reasons in the legal system?

The speaker acknowledges the historical perspective, where it was common for judges not to give reasons, as seen in Lord Mansfield's advice. However, they believe that the modern approach should emphasize the importance of providing reasons.

What is the significance of the Gilmore case mentioned by the speaker?

The Gilmore case is referenced as an important legal case in which the law surrounding medical appeal tribunals was developed, particularly concerning whether or not such tribunals could be interfered with, and the necessity of giving reasons.

What does the speaker mean by the phrase 'giving reasons concentrates the mind wonderfully'?

The speaker suggests that when a decision-maker is required to provide reasons, it forces them to focus and organize their thoughts clearly, which can lead to a more structured and thoughtful decision.

How does the speaker view the current practice of giving reasons in industrial tribunals?

The speaker sees the requirement to give reasons in industrial tribunals, as mandated by statute, as a positive development, ensuring greater transparency and accountability in those decisions.