International law and procedural fairness

Does the US justice system use procedural fairness or substantive fairness?
In the United States, the importance of procedural fairness is deeply ingrained in our legal system.
The Fourteenth Amendment of our Constitution prevents the government from depriving “any person of life, liberty, or property, without due process of Page 3 - 2 - law.”.
What is an example of procedural fairness?
Procedural fairness also applies where a person has a legitimate expectation (for example, continuing to receive a benefit such as a travel concession).
Procedural fairness protects legitimate expectations as well as legal rights..
What is procedural fairness in Canada?
Procedural fairness is the principle that administrative tribunals must be unbiased and make decisions fairly.
Rather than challenging the actual outcome of a decision, procedural fairness challenges the process in which a decision was made..
What is the concept of procedural fairness?
Procedural fairness requires that a person be given a fair hearing before a decision adversely affecting the person's rights and interests is made.
More specifically, it requires that a decision-maker give the person: reasonable notice than an adverse decision may be made..
Why procedural fairness?
Procedural fairness embodies two different rules.
One of them is the rule against bias; apprehended and actual bias.
The other is the right to a fair hearing.
Both have been expressed in Latin: nemo iudex in causa sua (no-one should be a judge in his own cause) and audi alteram partem (let the other side be heard)..
Procedural fairness requires that a person be given a fair hearing before a decision adversely affecting the person's rights and interests is made.
More specifically, it requires that a decision-maker give the person: reasonable notice than an adverse decision may be made.
The principles associated with procedural fairness can include: the right to counsel, adequate notice of the case to be met, pre-trial release of information, the ability to make submissions, evidentiary standards and the provision of reasons for decisions that are taken.

The guarantees of procedural fairness and due process of law are important elements of the right to equality before courts and tribunals and to a fair trial, which is guaranteed in international human right law.

The guarantees of procedural fairness and due process of law are important elements of the right to equality before courts and tribunals and to a fair trial

Are informational and interactional justice a predictor of fairness?

104.
Robert J.
Bies and Joseph S.
Moag, ‘Interactional Communication Criteria of Fairness’ (1986) 9 Research in Organizational Behaviour 289.
It is argued that informational and interactional justice are very strong predictors, with sometimes stronger effects than procedural and distributive justice.

Is there a balance between due process and efficiency in international arbitration?

This contribution addresses the balance between the requirements of due process and efficiency within international arbitration.
Fortese, Fabricio and Hemmi, Lotta, Procedural Fairness and Efficiency in International Arbitration (May 29, 2015).

What are the guarantees of procedural fairness and due process of law?

The guarantees of procedural fairness and due process of law are important elements of the right to equality before courts and tribunals and to a fair trial, which is guaranteed in international human right law.

Why is fair procedure important in international human rights law?

1.
Introduction The importance of fair procedure in international human rights law is undeniable. 1 The right to a fair trial is affirmed as a basic human right at both the international and regional level.

Should procedural fairness have priority over natural justice?

Where there is no true urgency, the principle of procedural fairness should have priority

Increasingly, in the modern law, the courts insist upon the observance of the rules of natural justice which require that a person whose interests are likely to be affected by an exercise of power must be

What are the guarantees of procedural fairness and due process of law?

When is procedural fairness excluded?

The final ruling of the case was that procedural fairness was to be excluded when it involves an executive action such as the appointment of a minister

The court found this to be the case since, whenever an exercise of public power which includes a minister or the president contains a high degree of policy, it is considered an executive action

**International law and procedural fairness**

Topics referred to by the same term

International law and procedural fairness

Does the US justice system use procedural fairness or substantive fairness?

What is an example of procedural fairness?

What is procedural fairness in Canada?

What is the concept of procedural fairness?

Why procedural fairness?

Are informational and interactional justice a predictor of fairness?

Is there a balance between due process and efficiency in international arbitration?

What are the guarantees of procedural fairness and due process of law?

Why is fair procedure important in international human rights law?

Should procedural fairness have priority over natural justice?

What are the guarantees of procedural fairness and due process of law?

When is procedural fairness excluded?