Journals Higher Education



Published: 22 November 2016

240 Pages

9.2 x 6.1 inches

ISBN: 9780198788386

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Bookseller Code (06)

Due Process of Law Beyond the State

Requirements of Administrative Procedure

Giacinto della Cananea

  • Compares the requirements of due process nationally and transnationally, focusing on the requirement to carry out a procedure, the right to be heard within such procedure, and the 'giving reasons' requirement
  • Argues that there is a distinct set of rationales for regional and global regulatory due process requirements
  • Distinguishes administrative due process of law from other notions with which it is commonly associated, such as the principle of legality and the prohibition of arbitrariness
  • Asserts in both normative and empirical terms that due process can be regarded as a principle of law in the current global legal environment