Abstract
Part I examined traditional principles for administrative procedures in making burden/benefit decisions. There are four general principles—impartiality, opportunity to be heard, grounds for decisions, and formal justice. Each subsumes less general principles such as separation of functions, opportunity to rebut information, adherence to precedent, and so on. While some reasons were given for the principles, no systematic theoretical justification was provided. The principles are for the traditional adversary adjudication model, and there were suggestions that the model might not be appropriate for all contexts. In particular, adherence to precedent and use of rules were not found appropriate for all burden/benefit decisions.
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© 1990 Kluwer Academic Publishers
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Bayles, M.D. (1990). A Theoretical Justification. In: Procedural Justice. Law and Philosophy Library, vol 10. Springer, Dordrecht. https://doi.org/10.1007/978-94-009-1932-7_6
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DOI: https://doi.org/10.1007/978-94-009-1932-7_6
Publisher Name: Springer, Dordrecht
Print ISBN: 978-94-010-7362-2
Online ISBN: 978-94-009-1932-7
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