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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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20Procedural fairness generally

Sophie Boyron and Wendy Lacey

20.1 Introduction

Legal rights and interests are protected in myriad ways and not always in a substantive sense or through entrenched constitutional provisions designed to prescribe or limit power. Procedural safeguards that regulate the exercise of power have historically played an important role in protecting rights to life, liberty and property. As Felix Frankfurter of the United States Supreme Court stated, ‘[t]he history of liberty has largely been the history of the observance of procedural safeguards’.1 And, as Jackson J noted in Shaughnessy v United States,2 ‘[s]evere substantive laws can be endured if they are fairly and impartially applied’.

Still, the treatment of procedural ...

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