《NATURAL JUSTICE PRINCIPLES AND PRACTICAL APPLICATION》求取 ⇩

CHAPTER ONE: THE ADMINISTRATIVE PROCESS1

REASONS FOR RECOURSE TO THE ADMINISTRATIVE PROCESS5

CLASSIFICATION OF THE ADMINISTRATIVE PROCESS8

1 Discretionary Justice9

2 Administrative Adjudications11

VARIATIONS OF THE ADVERSARY METHOD OF PRESENTATION11

1 Written Representations14

2 Pre-Hearing Conferences or Attempts at Conciliation17

3 Summary J udgment Procedures19

AN ADMINISTRATIVE PROCEDURE ACT?20

CHAPTER TWO: NOTICE AND ADMINISTRATIVE PLEADINGS24

REASONABLE NOTICE AND ITS SERVICE25

ADMINISTRATIVE “PLEADINGS”31

1 Flexibility of Administrative “Pleadings”32

2 Situations Involving a Lack of Prejudice36

CONCLUSIONS40

CHAPTER THREE: THE OPPORTUNITY TO CONTROVERT ADVERSE TESTIMONY41

THE RULES OF EVIDENCE42

CROSS-EXAMINATION AND SIMILAR PROCEDURAL SAFEGUARDS49

1 Value of Cross-Examination49

2 Basis of a Duty to Allow Cross-Examination52

3 Variations to Adversarial Cross-Examination55

LIMITATIONS ON THE RIGHT TO CROSS-EXAMINATION57

1 Situations Involving Lack of Prejudice or Waiver58

2 The Hearsay Rules of Evidence61

CONCLUSIONS63

CHAPTER FOUR: USE OF EXTRA-RECORD FACTS AND OFFICIAL NOTICE65

JUDICIAL AND OFFICIAL NOTICE66

WHAT FACTS MAY BE NOTICED?69

1 Litigation and Non-Litigation Facts69

2 Legislative and Adjudicative Facts70

3 Fairness72

NOTICE AND REBUTTAL74

1 Expertise as a Substitute for Evidence77

2 Expertise and the Evaluation of Evidence81

CONCLUSIONS84

CHAPTER FIVE: THE DUTY TO GIVE REASONS86

THE VALUE OF REASONED OPINIONS87

THE DISTINCTION BETWEEN FINDINGS AND REASONS89

THE BASIS OR A DUTY TO GIVE REASONS94

1 Common Law95

2 Statute or Procedural Rule97

GROUNDS FOR JUDICIAL REVIEW OF REASONS100

1 Inadequate Explanation of Reasons101

2 Wrong or Bad Reasons104

THE ROLE OF PRECEDENT AND ADMINISTRATIVE TRIBUNALS106

CONCLUSIONS111

CHAPTER SIX: IMPARTIALITY AND BIAS112

PECUNIARY INTEREST113

PERSONAL INVOLVEMENT118

PREJUDGMENT122

1 Preconceived Opinions—The Threat to Expertise122

2 Prior Involvement129

EXCEPTIONS TO THE COMMON LAW RULE135

1 Express or Implied Removal of Disqualification135

2 The Rule of Necessity138

CONCLUSIONS141

CHAPTER SEVEN: THE ROLE OF THE LAWYER142

LEGAL REPRESENTATION143

1 Basis of a Right to Legal Representation144

（a） Common Law144

（b） Statute or Procedural Rule149

2 Restrictions on the Right to Counsel151

（a） Lack of Prejudice152

（b） Counsel of One’s Choice153

（c） Agency Discouragement of Attorney Representation155

（d） Legal Aid156

NON-LEGAL ADVOCATES157

1 The Right of Non-Lawyers to act as Advocates158

2 Representation by Non-Lawyers161

THE QUALIFICATION OF TRIBUNAL MEMBERS164

1 Qualifications of the Chairman165

2 Tribunal Members other than the Chairman166

3 Expertise168

CONCLUSIONS169

SELECTED BIBLIOGRAPHY170

INDEX172