Jump to ContentJump to Main Navigation
The Power of ProcessThe Value of Due Process in Security Council Sanctions Decision-Making$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 February 2020

A ‘Value-Based’ Approach

A ‘Value-Based’ Approach

Three Models of Due Process

(p.57) 4 A ‘Value-Based’ Approach
The Power of Process

Devika Hovell

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .