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THE ROLE OF PROCEDURAL FAIRNESS
Beyond substantive questions about the correctness of agency decisions, administrative law also focuses heavily on procedural fairness—ensuring that individuals receive adequate notice, opportunity to be heard, and fair consideration of their cases regardless of the ultimate outcome.
Due Process in Administrative Settings
Constitutional due process requirements apply to administrative proceedings, but the specific procedures required depend on the nature of the proceeding and the interests at stake. The Supreme Court’s decision in Mathews v. Eldridge established a balancing test that considers the private interest affected, the risk of erroneous deprivation, and the government’s interest in efficiency.
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