Chapter

Procedural Fairness in the English Common Law

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/9780198256762.003.0005
Procedural Fairness in the English Common Law

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Notions of due process and procedural fairness have a long and interesting history in the English common law. Some are able to trace an unbroken line through the passages of English history to Magna Carta itself, although whether such claims are valid is a matter of debate. This chapter provides a historical background both to the procedural nature of English law and to the special place of procedural fairness. It also outlines the special problems that have been confronted in translating ideas of procedural fairness into administrative contexts.

Keywords: due process; procedural fairness; common law; English law

Chapter.  10221 words. 

Subjects: Human Rights and Immigration

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