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In A Theory of Justice, philosopher John Rawls distinguished three ideas of procedural justice: [9] Perfect procedural justice has two characteristics: (1) an independent criterion for what constitutes a fair or just outcome of the procedure, and (2) a procedure that guarantees that the fair outcome will be achieved.
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 ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. [1]: 617 The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."
The importance of procedural fairness as enunciated in the GCHQ case is further illustrated by Re Police Association for Northern Ireland's Reference (1990). [46] Applying the principles in the GCHQ case, the High Court of Justice in Northern Ireland held that the Police Association had neither been deprived of a legitimate expectation nor ...
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society).