Recourse: Appeals, Reviews, and Other Forms

D. J. Galligan

in Due Process and Fair Procedures

Published in print January 1997 | ISBN: 9780198256762
Published online March 2012 | e-ISBN: 9780191681660 | DOI:
Recourse: Appeals, Reviews, and Other Forms

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This chapter examines how recourse relates to procedural fairness. The right to have a decision reviewed, or to appeal from it to a court is important. Extensive resources are expended in providing recourse in one form or another, yet it is not always obvious why a society should do so, or why we should think a right to recourse touches on something fundamental. The answer is simple: recourse from a decision or action by one authority to another is an element of procedural fairness and in turn of fair treatment. In general, the opportunity to have a decision or action re-examined by some form of appeal or review is a central part of procedural fairness.

Keywords: recourse; procedural fairness; decision; appeal; fair treatment; review

Chapter.  12936 words. 

Subjects: Human Rights and Immigration

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