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Equity, Responsibility, and Climate Change Mitigation

Steve Vanderheiden

in Atmospheric Justice: A Political Theory of Climate Change

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195334609
eISBN:
9780199868759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334609.003.0007
Subject:
Political Science, Environmental Politics

This chapter incorporates arguments and observations from earlier chapters into a case for a version of the equal shares approach of equal per capita national emissions allowances, contrasting this ... More


Procedural Fairness—A Pandora’s Box of Legality

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

In Chapter VII I argue that the duty of procedural fairness is best explained and justified as a public fiduciary duty. The fiduciary theory offers a novel reply to the most familiar objection raised ... More


Procedural Fairness

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0002
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the notion of procedural fairness. It begins with a statement of the main features of procedural fairness and then moves on to a fuller analysis. Procedural fairness is then ... More


A New Theory of Institutional Separation

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter contains the core outline of the new separation of powers model proposed in the book. It examines the way in which the notion of non-arbitrariness has featured in the courts’ attempts to ... More


Social and Psychological Bases of Ideology and System Justification

John T. Jost, Aaron C. Kay, and Hulda Thorisdottir (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195320916
eISBN:
9780199869541
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195320916.001.0001
Subject:
Psychology, Social Psychology

This volume both reflects and exemplifies the recent resurgence of interest in the social and psychological characteristics and processes that give rise to ideological forms. Ideology is an elusive, ... More


The Legal Approach to Procedural Fairness

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0011
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter describes and analyses the general judicial approach to procedural fairness. It examines a number of issues: the tests developed by English law as to who is entitled to fair procedures; ... More


Distributive and Procedural Justice

Sanja Kutnjak Ivkovic´ and John Hagan

in Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195340327
eISBN:
9780199895380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340327.003.0048
Subject:
Law, Private International Law

This chapter explores what people who view themselves as victims of war crimes and crimes of humanity and who will never see firsthand the inside of the ICTY courtroom think about the justice ... More


Equitable Distribution and Accountability

Irit Mevorach

in Insolvency within Multinational Enterprise Groups

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199544721
eISBN:
9780191705564
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544721.003.0008
Subject:
Law, Company and Commercial Law

This chapter focuses on pursuing fairness (substantive and procedural). It examines the compatibility of global consolidation mechanisms in light of these goals. It suggests that fairness in ... More


Investment Treaty Arbitration, Procedural Fairness, and the Rule of Law

Gus Van Harten

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0020
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration is often promoted as a fair, rules-based system and thus as something that advances the rule of law. But there is a tendency to downplay the system's inattention to ... More


Procedural Fairness in the English Common Law

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0005
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Notions of due process and procedural fairness have a long and interesting history in the English common law. Some are able to trace an unbroken line through the passages of English history to Magna ... More


The Hearing Principle

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0012
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The idea that a person ought to be heard before a decision is made or action taken affecting his or her interests is often thought to be the most fundamental element of procedural fairness. This ... More


Introduction

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0017
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book focuses on the concepts of justice and fairness in relation to procedures. It provides a general framework for the understanding of procedures and procedural fairness, a framework within ... More


Procedural Fairness in Europe: The European Convention on Human Rights and the European Union

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0007
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter discusses the approach taken to procedural fairness within the European Convention on Human Rights (ECHR) and the European Union. The provision for procedural fairness is made in Article ... More


Recourse: Appeals, Reviews, and Other Forms

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0013
Subject:
Law, Human Rights and Immigration, Philosophy of Law

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 ... More


Principles and Doctrines: Standards, Reasons, and Bias

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0014
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines several aspects of procedural fairness that are of particular interest, and which are the basis for a number of legal principles and doctrines. It considers the setting of ... More


Procedural Fairness in the Policy Process

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0015
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines those administrative processes that settle or make recommendations about matters of policy. It identifies different forms of policy making and places the process in a wider ... More


Introduction

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0001
Subject:
Law, Constitutional and Administrative Law

This book offers an account of the rule of law that, though primarily an ideal of procedural fairness, governing the manner in which laws and policies should be applied to particular persons, also ... More


EXPECTATIONS, OUTCOMES, AND FAIRNESS: LESSONS FROM THE CIVIL JUSTICE REFORM ACT EVALUATION

Stephen Carroll and Joseph W. Doherty

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to ... More


Economic Outcomes, Quality of Governance, and Satisfaction with Democracy

Pedro C. Magalhães

in Myth and Reality of the Legitimacy Crisis: Explaining Trends and Cross-National Differences in Established Democracies

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198793717
eISBN:
9780191835520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793717.003.0009
Subject:
Political Science, Comparative Politics

This chapter investigates the impact of economic outcomes and quality of government on political support, arguing that the effect of economic performance is contingent on the quality of government. ... More


The Forms of Intervention

Jethro K. Lieberman

in Liberalism Undressed

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199919840
eISBN:
9780199980376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199919840.003.0007
Subject:
Political Science, Political Theory

This chapter examines eight modes and three types of government intervention in people’s lives and considers several principles limiting the state’s power to intervene, including limitations of ... More


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