Abstract
The right to a due process of law is a complex concept for jurisprudence theory. History, tradition, normative provisions, reality, philosophical roots, and mandated authorities, to name a few variables, makes this institution a complex one. As an underlying assumption of this book, during the design of legal proceedings, decision-makers are mandated to establish and provide safeguards for the requirements of fairness. Such requirements, as a normative demand on how the State must treat individuals, are expressed not just in the procedural guarantees afforded to them, but also in the question of the access they should have. This is the key idea that is intended to be further developed in this book. How to understand due process and its requirements in civil matters has a critical impact on the design of a civil procedure to provide access to civil justice.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
- 2.
- 3.
For example, because they are supposed to be impartial and independent third parties that are empowered to review whether another public authority’s decision against an individual was arbitrary from a procedural or a substantive perspective. See: Scanlon (1977), pp. 94–106.
- 4.
Merryman (1981), pp. 357–388.
- 5.
Bone (2003), p. 515.
References
Bone R (2003) Agreeing to fair process: the problem with contractarian theories of procedural fairness. Boston Univ Law Rev. 83:485–552
Galligan D (1996) Due process and fair procedures. A study of administrative procedures. Clarendon Press, Oxford
Merryman J (1981) On the convergence (and divergence) of the Civil Law and the common law. Stan J Int Law 17:357–388
Miller C (1977) The forest of due process of law. In: Pennock R, Chapman J (eds) Due process, Nomos, vol XVIII. New York University Press, New York, pp 3–68
Raz J (1995) Ethics in the public domain. Essays in the morality of law and politics, revised edn. Oxford University Press, Oxford
Sampford C (2005) Reconceiving the rule of law for a globalizing world. In: Zifcak S (ed) Globalisation and the rule of law. Routledge, Great Britain, pp 9–31
Scanlon T (1977) Due process. In: Pennock R, Chapman J (eds) Due process, Nomos, vol XVIII. New York University Press, New York, pp 94–106
Waldron J (2011) The rule of law and the importance of procedure. Nomos 50:3–31
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 2022 The Author(s), under exclusive license to Springer Nature Switzerland AG
About this chapter
Cite this chapter
Lillo Lobos, R. (2022). Introduction. In: Understanding Due Process in Non-Criminal Matters. Ius Gentium: Comparative Perspectives on Law and Justice, vol 97. Springer, Cham. https://doi.org/10.1007/978-3-030-95534-2_1
Download citation
DOI: https://doi.org/10.1007/978-3-030-95534-2_1
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-95533-5
Online ISBN: 978-3-030-95534-2
eBook Packages: Law and CriminologyLaw and Criminology (R0)