Procedural justice in the context of "Due process of law"

⭐ In the context of due process of law, procedural justice is considered…

Ad spacer

⭐ Core Definition: Procedural justice

Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice (other Common law jurisdictions), but the idea of procedural justice can also be applied to nonlegal contexts in which some process is employed to resolve conflict or divide benefits or burdens. Aspects of procedural justice are an area of study in social psychology, sociology, and organizational psychology.

Procedural justice concerns the fairness (formal equal opportunity) and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights and outcomes), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decision is made is one step which would be considered appropriate to be taken in order that a process may then be characterised as procedurally fair. Some theories of procedural justice hold that fair procedure leads to equitable outcomes, even if the requirements of distributive or restorative justice are not met. It has been suggested that this is the outcome of the higher quality interpersonal interactions often found in the procedural justice process, which has shown to be stronger in affecting the perception of fairness during conflict resolution.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Procedural justice in the context of Due process of law

Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary English law, but two similar concepts are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in either ancient or modern concepts of due process in England.

↓ Explore More Topics
In this Dossier

Procedural justice in the context of English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system.

↑ Return to Menu

Procedural justice in the context of Distributive justice

Distributive justice concerns the socially just allocation of resources, goods, opportunity in a society. It is concerned with how to allocate resources fairly among members of a society, taking into account factors such as wealth, income, and social status. Often contrasted with just process and formal equal opportunity, distributive justice concentrates on outcomes (substantive equality). This subject has been given considerable attention in philosophy and the social sciences. Theorists have developed widely different conceptions of distributive justice. These have contributed to debates around the arrangement of social, political and economic institutions to promote the just distribution of benefits and burdens within a society. Most contemporary theories of distributive justice rest on the precondition of material scarcity. From that precondition arises the need for principles to resolve competing interest and claims concerning a just or at least morally preferable distribution of scarce resources.

In social psychology, distributive justice is defined as perceived fairness of how rewards and costs are shared by (distributed across) group members. For example, when some workers work more hours but receive the same pay, group members may feel that distributive justice has not occurred. To determine whether distributive justice has taken place, individuals often turn to the behavioral expectations of their group. If rewards and costs are allocated according to the designated distributive norms of the group, distributive justice has occurred.

↑ Return to Menu
LINKED FROM (PARENTS)
← Due process of law ← English law ← Due process ← English Law ← English common law ← English legal history ← Common law of England ← Distributive justice
LINKS TO (CHILDREN)
Administration of justice → Due process → Fundamental justice → Natural justice → Social psychology → Sociology → Organizational psychology → Equal opportunity → Transparency (humanities) → Distributive justice → Retributive justice → Restorative justice →