ABSTRACT
This chapter asks how we might understand the contribution of procedural fairness in its relation to administrative discretion, rather than in its relation to the order of rules that is the usual legal form in view within theoretical discussions of procedural justice. The chapter proposes that observance of the demands of procedural fairness offers a crucial 'relational correction' to the inherent asymmetry within governing relationships framed by administrative discretion, and in so doing contributes to the possibility of the inclusion of administrative discretion within a condition of the rule of law understood as one in which all governing relationships are framed by the authority of law.
