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PROCEDURAL RIGHTS AND FACTUAL ACCURACY
Legal Theory Pub Date : 2020-10-05 , DOI: 10.1017/s1352325220000154
Hamish Stewart

People have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons.

中文翻译:

程序权利和事实准确性

人们拥有程序权利,因为国家有政治道德义务为他们提供公平的程序来解决有关法律适用的争议。这一义务源于国家将每个人视为法律秩序中自由和平等成员的义务。然而,遵守程序权利可能会妨碍事实调查的准确性,进而可能导致对实体权利的保护不力。因此,国家也有责任在事实调查中提供合理程度的准确性。因此,法律秩序应努力提高事实调查的准确性,在人们所拥有的程序权利的限制下。尽管如此,
更新日期:2020-10-05
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