Chapter

Forms of Process I

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/9780198256762.003.0008
Forms of Process I

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This chapter examines forms of process based on the application of authoritative standards. The main issue is to develop a notion of administrative adjudication within which certain principles of fair treatment are applied and respected. In the course of doing so, a distinction is drawn between an adjudicative mode where fair treatment of the individual party is the foremost concern, and a bureaucratic mode which stresses expedition and regularity. In this chapter, the link between adjudication and fair treatment is examined at length. The limitations of adjudication as a means of ensuring fair treatment are identified and suggestions are made as to how failure may be achieved through alternative procedures.

Keywords: authoritative standards; adjudication; fair treatment

Chapter.  13996 words. 

Subjects: Human Rights and Immigration

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