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Procedural justice concerns the fairness (formal equal opportunity) and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights and outcomes), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decision is ...
Procedural justice is the appropriateness of the allocation process. [12] It includes six main points which are consistency, lack of bias, accuracy, representation of all concerned, correction and ethics. Procedural justice seems to be essential to maintaining institutional legitimacy. What is more interesting is that procedural justice affects ...
Tom R. Tyler (born March 3, 1950) is a professor of psychology and law at Yale Law School, known for his contributions to understanding why people obey the law.A 2012 review article on procedural justice by Anthony Bottoms and Justice Tankebe noted that, "Unquestionably the dominant theoretical approach to legitimacy within these disciplines is that of 'procedural justice,' based especially on ...
The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. [1] Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from ...
Shipley, David E. Due Process Rights Before EU Agencies: The Rights of Defense Article discussing the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. Sudbury Valley School (1970). Due Process of Law in School [broken anchor]. A ...
Procedural due process is essentially based on the concept of "fundamental fairness". For example, in 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental". [25]
Typically, legal theorists and philosophers consider four distinct kinds of justice: corrective justice, distributive justice, procedural justice, and retributive justice. [1] Corrective justice is the idea that liability rectifies the injustice one person inflicts upon another (found in modern day contract law). [2]
Procedural justice is quite different from procedural law, the latter of which is a legal term of art (i.e. used and understood to have a specific meaning by practitioners of the law in actual practice). "Procedural justice" is properly classified as a class of analysis concerning the issue of just (fair) legal procedure.