MURAL - Maynooth University Research Archive Library

    Why Fair Procedures Always Make a Difference

    Crummey, Conor (2020) Why Fair Procedures Always Make a Difference. The Modern Law Review, 83 (6). pp. 1221-1245. ISSN 0026-7961

    Download (217kB) | Preview

    Share your research

    Twitter Facebook LinkedIn GooglePlus Email more...

    Add this article to your Mendeley library


    Section 31(2A) of the Senior Courts Act 1981 (as inserted by the Criminal Justice and Courts Act 2015) requires judges to refuse relief in judicial review of administrative decisions if it is ‘highly likely’ that the conduct complained of did not make a significant difference to the outcome of the decision. The strongest justification for this ‘Makes No Difference’ principle is provided by a ‘narrow instrumental view’ of fair procedures, according to which their value lies only in their producing the correct outcome. This conception of procedural fairness, however, is impoverished and flawed as a matter of political morality. Fair procedures reflect a conception of citizens as participants in their own governance and play an important communicative role in democratic legal orders. Inasmuch as it leaves no room for these aspects of the value of fair procedures, the Makes No Difference principle embodied in section 31(2A) is pro tanto unjust.

    Item Type: Article
    Keywords: why fair; procedures; difference;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 18040
    Identification Number:
    Depositing User: Conor Crummey
    Date Deposited: 16 Jan 2024 14:43
    Journal or Publication Title: The Modern Law Review
    Publisher: Wiley
    Refereed: Yes
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

    Repository Staff Only(login required)

    View Item Item control page


    Downloads per month over past year

    Origin of downloads