ABSTRACT

Chapter 4 discusses that decision makers justifying their decisions according to responsive legality intend for the decision to comply with a range of procedural requirements (be they legal, regulatory or organisational codes and conventions) and reflect a more individualistic outcomes-based assessment of the unique characteristics and circumstances of the particular matter that might need to be taken into consideration. In other words, when operating according to this type officials care equally about the outcome of the decision and the process that is followed to achieve that outcome. This feature of the ideal type is then explored with reference to the RRT officials’ discussions in interview, attempting to further tease out the features of a conjoined procedural and substantive justice orientation that is significantly more complex in its duality than the previous models of administrative justice implicitly account for.