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Record W2277148813 · doi:10.14288/1.0077625

Procedural safeguards in the administrative process

2010· article· en· W2277148813 on OpenAlexaboutno aff
Mats Stefan Parup

Bibliographic record

VenuecIRcle (University of British Columbia) · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicOmbudsman and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsProcess (computing)BusinessProcedural justiceProcess managementComputer sciencePolitical sciencePsychologyPerception

Abstract

fetched live from OpenAlex

Throughout the common law countries studies and investigations have been carried out to reform the procedure used by administrative tribunals. The procedural rules to which, tribunals in British. Columbia must adhere are found in the common law rules of natural justice and in the tribunals' establishing statutes. This system has been severely criticized as it is inconsistent and unpredictable. There is no consensus amongst the common law jurisdictions as to which solution to the problem of procedural safeguards in the administrative process is most preferable. The competing interests; protection of the public from unfair government actions, and the efficiency of the administration, are the reasons for this lack of consensus. It is the thesis of this essay that procedural reform is needed in British Columbia. Therefore, British Columbia would benefit from a minimum administrative procedure act applicable to all administrative tribunals' adjudicative functions. The method used to establish this thesis was to research the present situation in British Columbia. As a background to this, a description of the common law rules of natural justice and a study of the procedural rules of three provincial tribunals enacted by the Legislature are given. This essay continues with a description of the solutions used in Ontario and in the United States where minimum procedure rules have been enacted, applicable, to most administrative tribunals. After considering these different solutions, along with, the investigations of law reform reports from various common law jurisdictions, it has been concluded that certain fundamental procedural safeguards should be enacted by way of an administrative procedure act. The main argument for this is that such, an act would serve an educational purpose by informing both, administrators and the public of the procedural rules. As the suggested procedural rules are very fundamental, it is also concluded that it is necessary to carry out further investigations into each tribunal. In this way, more detailed procedural rules could be enacted, applicable to a specific tribunal, if deemed, necessary. In summary, the conclusion of this thesis is that a minimum administrative procedure act will fill an educational purpose and, at the same time, might help to achieve a more consistent, predictable administration with regard to procedure. It might also work as a catalyst by promoting further studies into the procedural aspect of the administrative process.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.876
Threshold uncertainty score0.902

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.016
GPT teacher head0.248
Teacher spread0.232 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes1
Has abstractyes

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