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Due Process and Fair ProceduresA Study of Administrative 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

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Rights, Procedures, and Costs

Rights, Procedures, and Costs

(p.96) 3 Rights, Procedures, and Costs
Due Process and Fair Procedures

D. J. Galligan

Oxford University Press

This chapter explores some of the more important issues relating to procedural rights. It begins with a brief introduction to rights generally, and to procedural rights in particular. It then moves on to a more detailed analysis of first-order rights in administrative processes, with particular reference to discretionary contexts. It also examines the issue of mistakes; mistakes, that is, arising either from imperfect procedures or from inadequate procedures, the former being inherent in some forms of process, and the latter usually being attributable to insufficient resources. Finally, it provides an outline of various kinds of costs which influence the design of procedures, followed by a brief account of how competing considerations can be dealt with.

Keywords:   procedural rights, rights, first-order rights, mistakes, procedures, costs

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