Whose procedural fairness?

Tomlinson, Joe and Kasoulide, Eleana and Meers, Jed and Halliday, Simon (2023) Whose procedural fairness? Journal of Social Welfare and Family Law, 45 (3). pp. 278-293. ISSN 0964-9069 (https://doi.org/10.1080/09649069.2023.2243150)

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Abstract

Thought on procedural fairness in administrative justice has traditionally focused on the relationship between public decision-makers and the person or group formally subject to the decision-making process. Yet, people who are not the direct subject of such processes but are, in various ways, able to access the experiences of others can also have salient and consequential experiences of procedural fairness. This article demonstrates empirically this phenomenon, which we label ‘vicarious administrative fairness’, and observes that it is vital to developing a fuller understanding of the sociology of administrative justice. In turn, this richer sociological understanding raises new questions about if and how institutions, including the law itself, ought to respond to it – not least as it calls into question the default, individualistic unit of analysis underpinning conventional thinking.

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