Chapter

The Legal Approach to Procedural Fairness

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/9780198256762.003.0011
The Legal Approach to Procedural Fairness

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This chapter describes and analyses the general judicial approach to procedural fairness. It examines a number of issues: the tests developed by English law as to who is entitled to fair procedures; the extent to which abstract principles are translated into more detailed procedural rules; and the general judicial approach to exactly what procedural fairness requires and how those requirements are reconciled by the courts with competing considerations, especially costs.

Keywords: judicial approach; procedural fairness; fair procedures; procedural rules; costs; English law

Chapter.  17037 words. 

Subjects: Human Rights and Immigration

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