LAWS 3506 Lecture Notes - Lecture 4: Primary And Secondary Legislation, The Foundations
27 Nov 2016
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Factor affecting the content of the procedural fairness. The nature of the decision and the admin process in making it. The importance of the decision to the claimant. The clai(cid:373)a(cid:374)t"s legiti(cid:373)ate expectations procedural not substantive. The choice of process chosen by the decision maker. Reasons are useful should a decision be appealed or judicially reviewed. But it may increase cost and cause delay. These concerns can be accommodated by ensuring sufficient flexibility to decision makers. Procedural fairness requires, in certain circumstances: an appeal allows you to challenge the decision of the decision maker to another tribunal/tribunal board, enabling act establishes your course for an appeal. Judicial review: duty is to too determine if the decision maker on the lower level was un/reasonable in nature. Jurisdiction and the requirement to act within it. Discretion: exercised fairly: acting in the best interest of the plaintiff, individuals related to plaintiff/case, the court, and the law, rule of law, good faith:
