Which principle ensures that a defendant has the right to a fair hearing?

The principle that ensures a defendant has the right to a fair hearing is natural justice. This doctrine embodies the fundamental idea that every individual should have an opportunity to present their case in a fair and impartial setting. It is closely tied to two key rules: the right to be heard (audi alteram partem) and the right to an unbiased tribunal (nemo judex in causa sua).

Natural justice plays a crucial role in various legal systems, ensuring that decisions made in legal proceedings are fair and just, thereby protecting individuals from arbitrary action and allowing them the opportunity to defend themselves effectively. This principle is vital in maintaining public confidence in the legal process and safeguarding the rule of law.

Other principles, such as judicial review, mainly focus on the courts' ability to review the decisions of public bodies to ensure legality, while proportionality refers to the balancing of rights and interests in law. Equity deals with fairness and justice in the legal system but does not specifically guarantee a fair hearing as natural justice does. Therefore, the right to a fair hearing is most directly linked to the principle of natural justice.