Procedural justice and due process

2003 ◽  
Vol 32 (2) ◽  
pp. 181-195 ◽  
Author(s):  
Richard A. Posthuma

This article compares and contrasts a legal concept known as procedural due process with a psychological concept known as procedural justice. The two concepts are defined and distinguished. Then the similarities between the two concepts are demonstrated by showing how they share similar dimensions and underlying rationale. It is suggested that dimensions of procedural due process may be useful to understand the dimensions of procedural justice. In addition, the procedural due process “balancing test” is adapted and applied to the concept of procedural justice in workplace settings. Applications to personnel management are illustrated.


2020 ◽  
pp. 088740342091119
Author(s):  
Clare Farmer

Across Australia, patron banning measures address alcohol-related behavioral issues in entertainment districts. This article compares the legislative framing of Victoria’s licensee barring order policy with the experiences of recipients. The rationale and operational expectations for licensee barring are examined in relation to key themes which emerged during parliamentary debates of the legislation, and contrasted with the reported experiences of recipients. The findings point to a disconnect between the expected and actual operation of licensee barring, an absence of oversight, and a tangible risk of misuse. Barring orders extend to ordinary citizens a unique police-enforceable power to punish, yet licensees currently act without scrutiny or accountability. A review of barring policy is recommended to ensure a robust process for effective monitoring, meaningful consequences for the misuse of barring powers, and deeper consideration of the attendant risks to due process and procedural justice of the civilianisation of punishment.


2006 ◽  
Vol 99 (3) ◽  
pp. 819-832 ◽  
Author(s):  
Heloneida C. Kataoka ◽  
Nina D. Cole ◽  
Douglas A. Flint

1995 ◽  
Vol 40 (3) ◽  
pp. 495 ◽  
Author(s):  
M. Susan Taylor ◽  
Kay B. Tracy ◽  
Monika K. Renard ◽  
J. Kline Harrison ◽  
Stephen J. Carroll

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 549-561
Author(s):  
Katarzyna Szlachta-Kisiel

The concept of justice, crystallizing over the centuries, is very important in creation of material law and shaping the procedures necessary for their implementation. The importance of ideas and principles of procedural justice for social insurance is essential not only because of the demand of law itself. Procedural justice is also important, because it influences the society. Analysis of the procedure before the pension authority on application for pension or retirement through the prism of the constitutional principle of the rule of law, concept of procedural justice and principle procedural due process indicates that justice is indispensable to realize the principle of the democratic rule of law. Robert S. Summers, recognizing other values of the process, taken from social life, sees the necessity to apply them not so much to the procedure as a means to achieve a specific goal, but to the procedure itself. In this context the procedure before the pension authority should be seen through the prism of the error risk, good result of the procedure, procedure evaluation and participatory management.


2017 ◽  
Vol 17 (2) ◽  
pp. 217-235 ◽  
Author(s):  
Justin A. Joyce

This essay weds conceptions of justice within Public Administration to the theme of revenge in the Hollywood Western, arguing that the revival of the genre in the 1990s reflects changes in the public conception of due process and equality before the law. The Western genre’s evolution is illustrative of the way definitions of justice are socially, contextually specific. Unforgiven illustrates this shift because the violence in the film symbolizes the vengeance culture so anathema to American notions of procedural justice and explores shifting conceptions of justice through a 19th century allegory of injustice, the heart of which is the treatment of a person as property. This fantasy of the violent resolution of conflict is examined against Public Administration's insistence upon resolving competing conceptions of the good through peaceful, deliberative modalities.


ASHA Leader ◽  
2004 ◽  
Vol 9 (17) ◽  
pp. 18-20
Author(s):  
Susan Boswell
Keyword(s):  

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