Sentences with phrase «which procedural fairness»

Kansas Appellate Judge Steve Leben's paper «Considering Procedural Fairness Concept in the Courts of Utah» highlights ways in which procedural fairness principles can be applied in courts and also examines their application to programs measuring judicial performance.

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.

Not exact matches

Most often, decisions about which medical services should be funded will be policy decisions, involving the apportionment of resources among competing groups, and thus no duty of procedural fairness will attach.

With respect to the issue of procedural fairness, the court found that the applicants were awarded the procedural fairness to which they were entitled.

In this case, having regard to: (i) the origin of Ofsted's duty of fairness; (ii) the general purpose of the JAR together with its procedural arrangements; and (iii) the unique circumstances and timescale in which the JAR had been directed, the Court of Appeal found that Shoesmith's appeal against Ofsted should be dismissed.

Shoesmith's statutory accountability did not disentitle her to procedural fairness: on the contrary, since accountability requires that the accountable person explains the state of affairs to which it attaches, Shoesmith ought to have been afforded an opportunity to so account.

We assume that the inspectors could be evaluating investigations against expected best practices which would include such things as an impartial investigator, collection of all relevant information, and procedural fairness to the alleged harasser.

Initially, the term «principles of fundamental justice» had been interpreted to refer narrowly to the principles of natural justice, which define procedural, rather than substantive fairness.

Fearing the worst excesses of the American experience with the phrase «due process of law», the drafters specifically chose the phrase «fundamental justice» which was specifically meant to not go beyond 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.

Except where there is a «red flag» prompting further inquiry, such as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity of the facts or opinions in the underlying material, there was no duty to examine the procedural fairness of investigations upon which facts and opinions in a reference were based.

The contexts in which CMPs are already used have proved that they are capable of delivering procedural fairness.

Discipline committees that decide a respondent has engaged in professional misconduct not listed in any formal allegations, e.g., in a citation, may fail to afford the respondent procedural fairness, which includes a right to know the case which he or...

Adhering to the tenets of procedural fairness increases the perceived legitimacy of police in the community, which has several benefits, including increased and continued adherence to laws and orders over time.

Studying how and in which contexts procedural fairness principles can be applied involves many different disciplines.

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.

«It is submitted that not only have [the appellants] been denied procedural fairness on this issue, but also the public interest in showing the extent to which their allegations were accepted or rejected has been unlawfully frustrated,» he said.

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.

Unreasonable delay is a possible basis on which to raise questions of natural justice, procedural fairness, abuse of process and abuse of discretion.

The graphic to the left, provided in the report of California's separate 2005 surveys of attorneys and the general public, aptly demonstrates the different ways in which these two groups look at the importance of procedural fairness and outcome fairness.

It is most feasible for the government to focus on the second strongest, legitimacy, which stems from procedural fairness.

[99] As Mr. Justice Finch (as he then was) explained in Halfway River at para. 58, the fettering of discretion is an issue of procedural fairness, which is an area where the court owes an administrative decision - maker no deference:

However, his fifth alternative of devising a notional cross-motion for partial summary judgment by the respondents for their claim of breach of fiduciary duty, which was never raised with the parties, amounted to a denial of procedural fairness.

A child who faces this type of disciplinary action has the right to receive procedural fairness, which includes being able to tell his or her side of the story and that decisions about the case are made by an impartial person.