LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Duty of Appellate Court to Consider Valid Brief and Arguments
PRINCIPLE STATEMENT
One of the essence of right of fair hearing is that a party should not be denied the opportunity of presenting argument and making submission in support of their case and that when such argument has been presented and submissions made, the tribunal should not come to a decision without consideration of the argument and submissions; a party cannot be said to have been given their right of fair hearing when their arguments have been shut out from consideration albeit by mistake.
RATIO DECIDENDI (SOURCE)
"One of the essence of the right of fair hearing is that a party should not be denied the opportunity of presenting argument and making submission in support of his case and that when such argument has been presented and submissions made, the tribunal should not come to a decision without consideration of the argument and submissions. A party cannot be said to have been given his right of fair hearing when his arguments have been shut out from consideration albeit by mistake."
EXPLANATION / SCOPE
This reinforces Principles 529-530 while articulating fair hearing’s essence. Fair hearing has two components: (1) Opportunity to present: Party must be allowed to present arguments and submissions. (2) Consideration of arguments: Tribunal must actually consider presented arguments before deciding. Both are essential—opportunity without consideration violates fair hearing. “Shut out from consideration” means: arguments weren’t considered, submissions were ignored, and decision was made without regard to party’s case. This violates fair hearing even if: done by mistake (not deliberate exclusion), court was unaware of ignoring arguments, or error was inadvertent. Intent is irrelevant—effect matters. Fair hearing is violated when arguments are unconsidered regardless of reason. This serves: constitutional fair hearing protection, ensuring substantive consideration not mere formalistic opportunity, and requiring courts to engage with parties’ arguments. Courts must: actually read and consider briefs, engage with arguments presented, and base decisions on considered arguments. Mere opportunity to file brief isn’t enough—court must consider it. The principle prevents: pro forma fair hearing (opportunity without consideration), inadvertent violations (mistake doesn’t excuse), and ensures substantive engagement with parties’ cases. Fair hearing requires both opportunity and actual consideration.