The Relational Dimensions of Procedural Fairness in a Tribunal Setting

被引:0
|
作者
MacDermott, Therese [1 ]
Meyerson, Denise [1 ]
Mackenzie, Catriona [2 ]
Moon, Danielle [1 ]
机构
[1] Macquarie Univ, Macquarie Law Sch, N Ryde, NSW, Australia
[2] Macquarie Univ, Dept Philosophy, N Ryde, NSW, Australia
来源
JOURNAL OF JUDICIAL ADMINISTRATION | 2022年 / 31卷 / 03期
基金
澳大利亚研究理事会;
关键词
JUSTICE; MODEL; VOICE;
D O I
暂无
中图分类号
C93 [管理学]; D035 [国家行政管理]; D523 [行政管理]; D63 [国家行政管理];
学科分类号
12 ; 1201 ; 1202 ; 120202 ; 1204 ; 120401 ;
摘要
People's understanding of fair treatment in their interactions with legal and other authorities has been the subject of influential cross jurisdictional research in social psychology. This research has shown that people's procedural fairness judgements are influenced by the quality of their interactions with authorities. People feel fairly treated when authorities convey trustworthiness and neutrality, and listen to them and treat them with respect, because such treatment conveys a relational message about equal status in the community. This article discusses the findings of an empirical case study which involved interviews with a group of Tribunal Members. The aim was to investigate how they translate the legal rules of procedural fairness into practice. The findings show that the interviewed Members are attuned to both the relational concerns identified in the social psychology literature and the normative dimensions of procedural fairness when they implement the legal rules in their procedural practices.
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页码:169 / 184
页数:16
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