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Chapter

Sir William Wade and Christopher Forsyth

This chapter discusses the right to a fair hearing, which has been used by the courts as a base on which to build a kind of code of fair administrative procedure, comparable to ‘due process of law’ under the Constitution of the United States. Topics covered include administrative cases and statutory hearings, the retreat from natural justice, the right to be heard, the protection of legitimate expectations, and exceptions to the right to a fair hearing.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.

Chapter

This chapter also deals with, what Lord Diplock in GCHQ termed, procedural impropriety. It discusses the idea from the standpoint of the common law rules of fairness, also known as the rules of natural justice. The common law principles go back many centuries but Ridge v Baldwin is regarded as the starting point for any evaluation of the modern law. The subsequent case law reveals that the precise requirements of fairness change in accordance to the context, as explained in the decision in McInnes v Onslow-Fane. The chapter discusses in detail the requirements of a fair hearing and the rule against bias before moving on to consider the interaction between common law and the procedural protection now available under Article 6 of the ECHR since this became enforceable as part of UK domestic law under the Human Rights Act 1998. It traces areas in which the common law has evolved under the influence of the ECHR while also noting some limitations to the reach of the ECHR.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights (ECHR), though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Article 5 and Article 6), but also not to be disproportionately denied the rights and freedoms in Articles 8 to 11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.