Right to a Fair Hearing in Administrative Law Cases
Max Planck Encyclopedia of Comparative Constitutional Law (Grote R, Lachenmann F, Wolfrum R eds) (Oxford University Press, 2017)
8 Pages Posted: 26 May 2018
Date Written: April 9, 2017
Abstract
The genesis of the requirement for a fair hearing in administrative law cases can be traced back to historical constitutional documents and rights instruments like the Magna Carta. Most modern constitutions guarantee some form of fair hearing in civil and criminal cases. This section will look at the protection of the right to a fair hearing in administrative law cases that go beyond this constitutional context: administrative decisions that are executive versus disciplinary or punitive in nature in a way that impacts on the personal liberty of individuals (for example, the grant or refusal of a licence). This Chapter compares the way in which different jurisdictions protect the right to a fair hearing in such cases both in terms of the source of the protection (constitutional, statutory and judicial or common law sources) and the degree of protection.
Keywords: Administrative Law, Constitutional Law, Public Law, Judicial Review, Fair Hearing, Due Process
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