Fair procedure

Fair procedure is a

Damages for violating the right of fair procedure can be substantial. For example, the

Another limitation, of course, is that although the right of fair procedure (if applicable) clearly requires something slightly less than procedural due process, it does not require the affected party to be afforded more rights than would be available under procedural due process. Thus, when the plaintiff's professional association had clearly given him the benefit of far more procedural protections than he would have been entitled to from any government entity, he had received the benefit of fair procedure and had no cause of action for the mildly adverse action that resulted.[4]

In the US, the existence of a separate doctrine of fair procedure for private actors is necessary because due process generally controls only decisions taken by state actors. In contrast, the broader UK doctrine of natural justice applies to both public and private entities.^[5]

See also

• Procedural justice

References