Procedural Fairness - General Principles

Question 1

What is the instrumental view?

Answer 1

Procedural fairness allows for better information gathering and is thus a means to good decision-making

Question 2

What is the non-instrumental view of procedural fairness?

Answer 2

Fairness is an end in itself because we must respect the dignity and status of individuals by including them in the decision-making process for decisions that affect them.

Question 3

Health Stores

Answer 3

If the evidence favoring a particular decision is very strong it is impractical and inefficient to require D to jump through the hoops of fair procedure (this is a “laboratory example” where due process merely delays the inevitable)

Question 4

John v Rees

Answer 4

Since it cannot be effectively predicted what information would turn up by respecting due process, we should be reluctant to sacrifice due process for the sake of efficiency

Question 5

Doody

Answer 5

1. The standards of fairness may change with the passage of time and are also context-sensitive.
2. Fairness will often require that a person affected by the decision is not only able to make representations but also that he will be given enough info on the gist of the case against him so his representation will be worthwhile.