Administrative Law - Procedural Fairness and Bias

This set of flashcards covers key concepts about procedural fairness, bias, and related legal principles in administrative law.

Procedural Fairness

A legal principle that ensures fair treatment in judicial proceedings, comprising the right to be heard and the right to an unbiased decision-maker.

Impartiality

The second pillar of procedural fairness, requiring decision-makers to be free from bias, both individually and institutionally.

Actual Bias

A situation where a decision-maker has a personal interest in the case, making it improper for them to hear the case.

Reasonable Apprehension of Bias

The appearance of bias to a reasonable, well-informed observer, which makes it improper for a decision-maker to hear a case.

Conflict of Interest

Any interest, including financial, that conflicts with an individual’s ability to perform their function as a tribunal member.

Indicators of Possible Bias

Behaviors or situations that may indicate bias, such as meeting with one party alone or having a financial interest in the case.

Institutional Bias

Bias that arises from the structure or relationships within a tribunal or agency that may influence its decisions.

Statutory Exceptions to Institutional Impartiality

Circumstances where built-in biases may be permitted by law and not deemed unconstitutional.

Raising an Allegation of Bias

The process of claiming bias, which should be done as early as possible during the proceedings to avoid waiving the right to argue it.

Tribunal Response to an Allegation of Bias

Actions an adjudicator may take if they feel there is an appearance of bias, such as standing aside or disclosing relevant facts.