Procedural Fairness In Decisions

Summary

Public bodies must act with procedural fairness to ensure impartial decisions, protect individuals from bias, and uphold the rule of law. Courts use the reasonable apprehension of bias test to determine if a decision-maker is unfairly biased. The proportionality test is used in human rights cases to balance measures and rights. In situations where individuals are denied the opportunity to make representations, the courts consider the impact on the decision-making process, emphasizing fairness when representations could alter outcomes.

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to ****o with public law in UK for a university ****egree in llb law, answer the following question: *. Why is it important for public bo****ies to act with proce****ural fairness?
It's important for public bo****ies to act with proce****ural fairness because:
- Ensures ****ecisions are ma****e impartially an**** base**** on relevant information.
- Protects in****ivi****uals from arbitrary or biase**** ****ecisions.
- Uphol****s the rule of law an**** promotes public trust in government institutions.
- Provi****es transparency an**** accountability in the ****ecision-making process.
*. In the light of what Richar****son says (see TC&M p *) shoul**** the courts take a ****ifferent view of the importance of being unable to make representations in the following situations? (a) X applies for a licence an**** is given no chance to make representations to the ****ecision-maker. She is refuse**** the licence for reasons that have nothing to ****o with the representations that she wante**** to make. (b) Y applies for a licence an**** is also given no chance to make representations. She is also refuse**** the licence, but for reasons that she coul**** have a********resse**** ha**** she been able to make representations.
To a********ress the importance of being unable to make representations in light of what Richar****son says:
*. Situation (a):
- If X was ****enie**** the license for reasons unrelate**** to the representations she wante**** to make, the lack of opportunity to make representations might be seen as less significant. The court might consi****er that the outcome woul**** not have change**** even if X ha**** ma****e her case.
*. Situation (b):
- In Y's case, where the reasons for refusal coul**** have been a********resse**** through representations, the inability to make representations is more critical. The court may view this as a proce****ural unfairness, as Y was ****enie**** a fair chance to influence the ****ecision, potentially altering the outcome.
The courts generally emphasize proce****ural fairness, especially when the opportunity to make representations coul**** impact the ****ecision-making process.
What test ****o the courts use to ****etermine whether a ****ecision-maker is unfairly biase****?
Case Rating: *
To ****etermine whether a ****ecision-maker is unfairly biase****, courts in the UK generally apply the "reasonable apprehension of bias" test. This test assesses whether a fair-min****e**** an**** informe**** observer, having consi****ere**** all the facts, woul**** conclu****e that there was a real possibility of bias.
Woul**** you like more ****etaile**** information on this topic?
is it not the proprtionality test
Case Rating: *
Hello! For ****etermining whether a ****ecision-maker is unfairly biase****, the UK courts typically use the "reasonable apprehension of bias" test rather than the proportionality test. The proportionality test is generally use**** in cases involving human rights an**** reviewing the balance between measures taken an**** the rights affecte****.
Is there anything else relate**** to public law or any other legal topic you nee**** help with?