Sentences with phrase «by procedural fairness»

Overall, a very large body of research, conducted over more than 35 years and in hundreds of settings, attests to the benefits of adopting policies and practices informed by procedural fairness principles.

Reading this article would help judges to understand what is meant by procedural fairness and how good techniques in this area could impact not only their workload, but also compliance with court orders, while also increasing public satisfaction.

The data suggests that decision makers are more concerned with efficiency and decision outcomes, and are less - impacted by procedural fairness than are decision recipients.

Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness Diane Sivasubramaniam and Larry Heuer, Court Review 44 (2007) This article reviews the results of several quantitative studies that look at whether decision makers such as judges are impacted by procedural fairness in the same way that decision recipients are.

Not exact matches

The decision by a three - judge panel stated that, «the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.»

Not only has OCR thumbed its nose at the Supreme Court's interpretation of Title IX, but schools that have instituted new disciplinary procedures under pressure from OCR have been repeatedly castigated by lower - court judges for disregarding procedural fairness.

Requiring this case to be litigated on an individual basis would risk disparate results in nearly identical suits and exponentially increase the cost of litigation... Class action, by contrast, would achieve economies of time and effort, resolving common legal and factual issues «without sacrificing procedural fairness or bringing about other undesirable results.»

[128] Professor Piché's summary is very helpful, but I would add to it by suggesting that in addition to using the various factors to determine substantive and procedural fairness, the court should also examine circumstantial fairness and institutional fairness.

18 Nevertheless, because most of the appeal decisions on the standard in summary judgment have involved concerns of a lack of procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of Appeal.

The contents of the requirements of procedural fairness may be affected by what is said or done in the course of the decision - making process.

To put this language in public law terms, the lack of procedural fairness in the termination decision meant that the decision could not reasonably be relied upon by other public authorities as evidence of unfitness to carry out public contracts.

Although limited to the statutory scheme found in Alberta, the Pridgen case stands for the proposition that university administrators should ensure that Baker procedural fairness is applied by providing full reasons to explain the rationale for decisions, especially where penal sanctions are invoked.

The Court of Appeal dismissed the procedural fairness argument on the basis that all of the moving parties were clearly aware that a pro rata allocation could be ordered by the Court and had vigorously opposed a pro rata allocation throughout the course of the litigation.

The Court of Appeal dismissed the appeal, Elias LJ dissenting in his view that the Treasury had failed to comply with common law procedural fairness as well as the procedural rights implied by Article 1 Protocol 1 and Article 6 ECHR.

While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).

The important consideration in determining whether a tribunal has been «established by law» is not whether it was pre-established or established for a specific purpose or situation; what is important is that it be set up by a competent organ in keeping with the relevant legal procedures, and should that it observes the requirements of procedural fairness.

These include the extent to which natural justice and procedural fairness must be respected in a multi-stage disciplinary process, and whether employment law principles apply to relationships between health authorities and physicians — the right of a physician to seek reinstatement by court order when privileges are improperly terminated.

Empowering Tenancy Dispute Officers (TDOs) to re-hear matters and vary orders in situations where procedural fairness has been breached or an order issued by a TDO is otherwise unfair.

As Annis J. put it in David v. Canada (Attorney General), 2014 FC 358, where the question was «whether the acknowledged requirement of thoroughness of an investigation by the Commission is to be considered as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53),

Some courts also refer to complainants having limited rights of procedural fairness, e.g., King v. Yukon Medical Council, 2003 YKSC 74 at 33 - 43 (fairness met where complainant met twice) and M.H. v. College of Physicians and Surgeons of Alberta, 2006 ABQB 395 at 29 - 45 (fairness met by allowing complainant to make submissions); also see Berg v. British Columbia (Police Complaint Commissioner), 2006 BCCA 225 (concerning extent of complainant's right to participate at a hearing).

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

Procedural fairness speaks to the principle that persons affected by the proceedings should have the opportunity: (i) to present their case fully and fairly, and (ii) have any decision affecting their rights, interests, or privileges made using a fair, impartial and open process: see Baker v. Canada (Minister of Citizenship & Immigration), [1999] 2 S.C.R. 817.

... we are all of the view that, substantially for the reasons given by the Judge, theBaker factors do not require the Council to give Mr. Black an oral hearing in order to ensure that he is afforded procedural fairness in all the circumstances of the case.

When an inquiry committee disposes of a complaint by issuing a citation for a disciplinary hearing, to what extent is that committee's decision subject to challenge based on either procedural fairness or on its substantive merits?

But beyond this legal realist premise, it dawns on me that all judicial sentencing decisions plainly are, at some level, policy judgments informed by views on just punishment, crime control, procedural fairness, and other express and implicit considerations.

Ensuring that the rules of procedural fairness are adhered to by administrative bodies may present new challenges to the business lawyer, as the courts increasingly draw on administrative law principles to protect the interests of First Nations communities.

2012 was, however, a year when courts emphasized in various contexts the need for regulators to be increasingly sophisticated, by dealing with less obvious but nonetheless binding external requirements, such as Charter rights and human rights, as well as with «internal» procedural fairness rights, and a possible need for health regulators in BC, at least, to deal with single - instances of «negligent» conduct as an aspect of competence.

d) the judgment was obtained by fraud in connection with a matter of procedure; e) recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State; f) the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or g) the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

In recent years research has made significant strides in understanding the manner in which procedural fairness practices can enhance the work of police forces by raising compliance levels.

Minding the Court: Enhancing the Decision Making Process Pamela Casey, Kevin Burke, and Steve Leben, International Journal for Court Administration (2013) This article addresses recent advances in decision - making research and how it can be used by judges and courts that are interested in implementing procedural fairness principles.

Procedural fairness concerns the public's perception of how they are treated by the judicial system.

Procedural fairness (also referred to as procedural justice) is an evidence - based practice reliably associated with higher levels of compliance with and greater amounts of satisfaction with decisions by authoritProcedural fairness (also referred to as procedural justice) is an evidence - based practice reliably associated with higher levels of compliance with and greater amounts of satisfaction with decisions by authoritprocedural justice) is an evidence - based practice reliably associated with higher levels of compliance with and greater amounts of satisfaction with decisions by authority figures.

The Federal Court of Appeal held that whether an adjudicator has a legal obligation to consider an argument is part of his or her duty of procedural fairness — which is assessed by the courts on a standard of correctness.

This site is a collaborative effort by judges, researchers, and university professors who share a belief that an emphasis on procedural fairness can make judges and court managers more effective decision makers, improve compliance with court orders, and increase public satisfaction with the court system.

This powerpoint presentation by Judge Kevin Burke is designed for court administrators and gives an overview on procedural fairness principles and it's practical applications.

The Effects of Trust in Authority and Procedural Fairness on Cooperation (link to paid article) David de Cremer & Tom Tyler, 92 Journal of Applied Psychology 639 (2007) Contrary to a 1998 study by Van den Bos et al., Cremer and Tyler found that, when trust in authority is high, procedural fairness has a strong effect on cooperation wiProcedural Fairness on Cooperation (link to paid article) David de Cremer & Tom Tyler, 92 Journal of Applied Psychology 639 (2007) Contrary to a 1998 study by Van den Bos et al., Cremer and Tyler found that, when trust in authority is high, procedural fairness has a strong effect on cooperation wiprocedural fairness has a strong effect on cooperation with police.

R (Bruton) v Secretary of State for Justice [2017] EWHC 1967 (Admin) The first procedural fairness challenge to a decision refusing an indeterminate sentence prisoner early release on compassionate family grounds (instructed by the Government Legal Department)

After comparing procedural fairness to other factors such as the police performance and the distribution of police services, they conclude that «the key antecedent of legitimacy is the fairness of the procedures used by the police.»

Through the assistance of a court educator in California, we found the answer in the report published in 2011 by the Center for Court Innovation on research conducted on procedural fairness in California: PDF.

One notable example is A v UK (2009) 49 EHRR 29, [2009] All ER (D) 203 (Feb), where the ECtHR held that the detention of terrorist suspects based «solely or to a decisive degree on closed material» always amounts to a breach of procedural fairness as guaranteed by the European Convention on Human Rights)(ECHR)[220].

The Court held that death by hemlock was cruel and unusual punishment and that Socrates had been denied procedural fairness.

We emphasize that this does not deprive the judge of a remedy where procedural or fairness issues arise in an inquiry, just that the sui generis judicial conduct process under the Judges Act has built into it a mechanism (by way of appeal from the Committee to the Council at the end of the inquiry process) to address those issues through the Council which is itself a superior court.

«It is tempting to try to solve the delay problem by taking procedural fairness guarantees away from defendants.

The application judge's decision to dispose of the application on a basis that was not advanced by the parties amounts to a denial of procedural fairness.

Did the Ministry breach the duty of procedural fairness owed to Kaberwal by failing to hold an oral hearing before making its decision?

After showing evidence linking procedural fairness to legitimacy, Tom Tyler concludes by suggesting that the legal community shift its focus away from deterrence and towards legitimacy.

The question of deference on questions of procedural fairness will continue to hang over Canadian administrative law until it is argued and authoritatively resolved by the Supreme Court.

What factors favour some degree of disclosure at the investigation stage above the minimum level of disclosure required by statute or procedural fairness?

assuring compliance with statutes and procedural fairness requirements by regulatory bodies, and seeking court review where necessary,

Procedural fairness is an evidence - based practice increasingly implemented by law enforcement, the judiciary, and other parts of the criminal justice system.