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Week 7 Lecture Notes

Comprehensive notes on procedural fairness in administrative law, covering key cases, statutory references, the implication principle, hearing rights, and the rule against bias. Focuses on fair decision-making processes affecting rights or interests.

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L e c t u r e N o t e sIntroduction to Procedural Fairness»Procedurefairness is the most i m p o r t a n tofthe g r o u n d s of review.Reasons for l o o k i n g at procedural fairnessbefore the other grounds of review.•Thequestionofwhetherornotproceduralfairnessisrequirediscloselyrelatedtothequestionsofaccesstojudicialreviewandstanding.•It isthesingle mostfrequent groundonwhichcourts invalidate administrative actions.•The c o n c e p t of PF d e v e l o p e d from the rule that only certain d e c i s i o n - m a k i n g b o d i e s('qUasi-juidicial' entities) bad a r e q u i r eme nt to p r o v i d e nature I justice'.•The Atkin f o r m u l a from the .RvEJectricrty Commissioners, ex parte London EfecfncrtyJoint Committee (1924) -held that it was only b o d i e s which had a duty to act j u d i c i a l l ywhich c o u l d berequired to provide natural justice to individua s.•The m o d e r n term PF was adopted as the scope of this rule s h i f t e d to naturejusticeapplyingto g o v e r n m e n t decision-makers.■Ridge v Baldwin [ 1 9 6 4 ] AC 40 is an i m p o r t a n t case 'which e x p a n d e d the range of r i g h t sand interests attracting the p r i n c i p l e s of n a t u r a l justice a r dmarksthe m o d e r nt r a n s i t i o n f r o m natural justice to p r o c e d u r a l fairness.

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