Due Process and Fair Procedures
A Study of Administrative Procedures
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In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative, empirical, and theoretical framework. In this timely book, the author constructs a theoretical framework within which issues of procedural fairness may be understood. Different kinds of administrative procedures are identified and each is analyzed according to notions of fairness. The author goes on to examine the main doctrines and principles of procedural fairness as they have develope...
In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative, empirical, and theoretical framework. In this timely book, the author constructs a theoretical framework within which issues of procedural fairness may be understood. Different kinds of administrative procedures are identified and each is analyzed according to notions of fairness. The author goes on to examine the main doctrines and principles of procedural fairness as they have developed in the major common law jurisdictions. These developments are related to similar ideas in the jurisdictions, including the European Convention on Human Rights and the American Constitution. The emphasis throughout is to present an analysis which proceeds at several levels: theoretical, empirical, comparative, and doctrinal. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers and political scientists with interests in jurisprudence, socio-legal studies, public law, civil and criminal procedures, civil liberties, legal theory and comparative law.
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