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Due Process and Fair Procedures$
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D. J. Galligan

Print publication date: 1997

Print ISBN-13: 9780198256762

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198256762.001.0001

Recourse: Appeals, Reviews, and Other Forms

Chapter:
(p. 392 ) 13 Recourse: Appeals, Reviews, and Other Forms
Source:
Due Process and Fair Procedures
Author(s):

D. J. Galligan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198256762.003.0013

This chapter examines how recourse relates to procedural fairness. The right to have a decision reviewed, or to appeal from it to a court is important. Extensive resources are expended in providing recourse in one form or another, yet it is not always obvious why a society should do so, or why we should think a right to recourse touches on something fundamental. The answer is simple: recourse from a decision or action by one authority to another is an element of procedural fairness and in turn of fair treatment. In general, the opportunity to have a decision or action re-examined by some form of appeal or review is a central part of procedural fairness.

Keywords:   recourse, procedural fairness, decision, appeal, fair treatment, review

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