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13 Ιουλ 2020 · Fair procedures reflect a conception of citizens as participants in their own governance and play an important communicative role in democratic legal orders. Inasmuch as it leaves no room for these aspects of the value of fair procedures, the Makes No Difference principle embodied in section 31 (2A) is pro tanto unjust. INTRODUCTION.
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 ...
1 Απρ 2016 · 1 Introduction. When judges interpret written statutes, should they, in the name of fairness and justice, adhere strictly to the text, or should they be ready to disregard the text and revert to the intentions and purposes of legislators? A classic case that illustrates this opposition is Church of the Holy Trinity vs. United States. [1] .
Fair Labelling in Criminal Law. James Chalmers and Fiona Leverick* 'Fair labelling' has become common currency in criminal law scholarship over recent decades, but the principle's scope and justification has never been analysed in detail.
Procedural fairness is a topic close to the heart of any lawyer who takes in the contribution of the rule of law to good and decent government, respectful of the governed.
building block of a just legal system. When evaluating opinions, we naturally focus on outcome: Did the opinion reach a just result? A basic premise of this talk, however, is that justice is not only a matter of outcome. Rather, achieving justice also requires that opinions be procedurally fair. As Justice Robert Jackson put it, “Procedural fair-
fair notice of the law. Textualism’s empha-sis on the primacy of the statutory text and its use of objective tools of construction suggest that much of the methodology is motivated by the long-recognized requirement that laws are legitimately enforced only when their subjects.
