Chapter

Rights, Procedures, and Costs

D. J. Galligan

in Due Process and Fair Procedures

Published in print January 1997 | ISBN: 9780198256762
Published online March 2012 | e-ISBN: 9780191681660 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256762.003.0003
Rights, Procedures, and Costs

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This chapter explores some of the more important issues relating to procedural rights. It begins with a brief introduction to rights generally, and to procedural rights in particular. It then moves on to a more detailed analysis of first-order rights in administrative processes, with particular reference to discretionary contexts. It also examines the issue of mistakes; mistakes, that is, arising either from imperfect procedures or from inadequate procedures, the former being inherent in some forms of process, and the latter usually being attributable to insufficient resources. Finally, it provides an outline of various kinds of costs which influence the design of procedures, followed by a brief account of how competing considerations can be dealt with.

Keywords: procedural rights; rights; first-order rights; mistakes; procedures; costs

Chapter.  16138 words. 

Subjects: Human Rights and Immigration

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