Lecture 23: Procedural Fairness Flashcards
What is substantive justice?
Substantive justice is the General objective is to ensure that decisions are within the scope of power conferred to a decision-maker - ensures that powers are not exceeded
What is procedural fairness?
Procedural Fairness Aims to provide individuals with a fair opportunity to influence the outcome of a decision and ensure the integrity of decisions
What does natural justice or the duty to act fairly include?
The duty to act fairly—also called natural justice—includes notice, consultation, representation, the opportunity to be heard, and reasons. These elements ensure that public decisions affecting rights are made with due process and fairness.
What is required to ensure impartiality and prevent bias in decision-making?
To ensure impartiality, decision-makers must be free from actual or perceived bias. This means avoiding any conflict of interest and guaranteeing decisions are made by a neutral and independent adjudicator.
What does Article 6 of the ECHR require in legal proceedings?
Article 6 of the ECHR requires that individuals facing decisions about civil rights or criminal charges receive a fair and public hearing by an independent and impartial tribunal.
What did Lord Mustill say about fairness in R v Secretary of State for the Home Department, ex p Doody [1994] 1 AC 531?
In ex p Doody, Lord Mustill stated that there is a presumption of fairness in the exercise of public powers, but fairness is not fixed—it depends on the statutory context and circumstances. Fairness usually includes the chance to make representations and to know the gist of the case against you.
Why is giving notice essential to procedural fairness?
Notice is essential because a person must know the case against them in order to respond.
When must an oral hearing be held, according to Osborn v Parole Board [2013] UKSC 61?
In Osborn, the Supreme Court held that an oral hearing must be held whenever fairness requires it—especially where important facts are disputed, or significant explanations or mitigations are offered that need to be heard directly.
What did the Supreme Court say about the duty to give reasons in R (Bourgass) v Secretary of State for Justice [2015] UKSC 54?
In Bourgass, the Court held that a person’s right to make representations is meaningless unless they know the substance of the case against them. Though ex p Doody [1994] confirmed there is no general duty to give reasons, fairness often requires it when liberty or serious rights are at stake.
