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This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice (other Common law jurisdictions), but the idea of procedural justice can also be applied to nonlegal contexts in which some process is employed to resolve conflict or divide benefits or burdens.
One of Baker's arguments was that she was owed a duty of fairness by the administrative decision maker and that this duty of fairness included the right to an oral hearing. The court rejected this argument, ruling that the unrestricted ability to forward written arguments was sufficient to meet the duty of fairness owed to Ms. Baker. [2]
Knight v Indian Head School Division No 19, [1990] 1 S.C.R. 653 is a leading decision of the Supreme Court of Canada on procedural fairness in Canadian administrative law. The Court created a threshold test to determine whether an administrative process invoked a common law duty of fairness based on the nature of the decision, relationship ...
The decision was a landmark reform of administrative law, in which the Court significantly increased the degree of court intervention on procedural grounds. The Court stated that procedural fairness exists on a continuum and that parties are entitled to a certain degree of it based on the setting and their circumstances.
It has been suggested that Article 6 alone is not enough to protect procedural due process, and only with the development of a more sophisticated common law will the protection of procedural due process extend further into the administrative machine. [33]: 405 Nonetheless, Article 6 supplements the common law. For example, the common law does ...
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]
Kioa v West, [1] was a notable case decided in the High Court of Australia regarding the extent and requirements of natural justice and procedural fairness in administrative decision making. The case was also a significant factor in Australia's subsequently limiting what had previously been completely unrestricted jus soli now only to children ...
procedural fairness in law, in the form of rights to due process, a fair and impartial trial, the presumption of innocence, and recognition as a person before the law (Articles 14, 15, and 16); individual liberty, in the form of the freedoms of movement, thought, conscience and religion, speech, association and assembly, family rights, the ...