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The Power of ProcessThe Value of Due Process in Security Council Sanctions Decision-Making$
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Devika Hovell

Print publication date: 2016

Print ISBN-13: 9780198717676

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198717676.001.0001

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A ‘Value-Based’ Approach

A ‘Value-Based’ Approach

Three Models of Due Process

Chapter:
(p.57) 4 A ‘Value-Based’ Approach
Source:
The Power of Process
Author(s):

Devika Hovell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717676.003.0004

Chapter 4 examines the historical and theoretical foundations of due process. It draws on the keystone Anglo-American jurisprudence of natural justice, procedural fairness, and due process. Due process is not to provide access to a court, but access to ‘dialogue’. Procedural standards create a dialogue between decision-makers and the community to whom the decisions relate to enhance the legitimacy of the decision-making process.This chapter identifies three value-based models of due process: (1) the instrumentalist model: the aim of procedures is to enhance the accuracy of decision-making outcomes; (2) the dignitarian model: the inherent value of procedures is in preserving the dignity and autonomy of the individual; and (3) the public interest model: due process is a mechanism to enhance public accountability in decision-making. Each model is based on different underlying theories about law and legal system and demonstrates a connection between due process and more deep-seated conceptions of community, law, and values.

Keywords:   due process theory, deliberative democracy, dialogue, legitimacy, dignitarian, public interest, pluralist, autonomy, positivism

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