Concept Of Procedural Fairness

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When it is talked about procedural fairness what is meant is equal treatment by the law and the administration, this applies to both people and corporations. When an issue arises with respect to that principle, one of the pillars of administrative law is usually the solution and that is judicial review. Those are the two aspects of this paper which will be narrated by the question of “why would the French system not be an alternative to the UK?” this question is an essential for the administrative law because it will present the differences and efficacy of current practices, which highlights shortcomings and points requiring amendments. This affects both the professionals in the field and the society, because it has influence over the efficacy…show more content…
Procedural fairness is the ability to review or question policies, regulations or law that is considered to be wrongly formulated or unfair, which then refers to the judicial review.
The way that is set up in the UK is relatively broad and might be perceived as confusing at points. Firstly, unlike many other states the UK does not have a written constitution as such but rather refers to existing statutes and precedents as such, according to which the ultimate source of law is the Parliament, which means that in the course of a term many statutes and precedents can be amended or eliminated with or without replacing them. Secondly, the constitution establishes the powers of the state, according to which all issues regarding the law shall be addressed to the courts of the UK, which essentially boils down to the fact that administrative cases are heard by the same courts . Whether or not a highly centralized court system is a benefit will be discussed further below. For this section however, it is needed to present what are the established requirements for a review according to the law some of which are if the law, policy, or a decision is has made an error in determining the facts of the issue or if the wrong law was applied, another precedent not providing a fair hearing, and proportionality established in result of EU legislation, if the
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On the other hand, the governmental structure of the government is highly separated and there are various institutions that are subject to the law which will allow courts to review specific governmental agencies. Among that there is also an active separation of powers doctrine in the UK even if it is not as broad and far reaching as in other states, however the fact is that the judiciary is allowed by law and protected by it to subjugate the parliament to the law which is the principle that would allow for a judicial review. Although majority of the principles apply to people deriving from the ECHR and the Human Rights act there are also other grounds for a hearing one is the wednesbury principle which refers to reasonability in the decision made. However, one might argue that it is highly protective being formulated in a way that allows a claim only if the decision was approached in such a manner that no other would rationally do. What other aspect might apply to this particular case is the proportionality in line with fair hearing. One might argue that the lack of specificity in denying the ability to extract goods is in breach of the principle of proportionality, which also leads to complication in the appeal of the decision which results in probable unacceptable

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