The Limits of Law

Abstract

The chief question in this chapter is when compliance with principles of procedural justice should be legally required. As noted below, both the U.S. Supreme Court and common-law courts confront a version of this issue in applying the constitution and principles of natural justice. However, our question is broader, because it also includes when legislatures should mandate compliance by statute. Indeed, we shall not consider the particular way procedural justice should be legally required—by a constitution, common law, or statutory law. However, common-law courts should generally be able to require compliance in the absence of statutory requirements unless there is a manifest legislative intent not to do so.