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This minimal delay would allow the members of the court, and the public, to trust the procedural, if not substantive, fairness of the process.
In contemporary democracies, rules provide procedural and substantive fairness and protect individuals from the power of authorities and resource-rich actors.
Kane (2010) makes a distinction between procedural fairness and substantive fairness.
In other words, substantive fairness is concerned with how well the program functions for different groups, and it requires that scores have comparable meaning in different groups.
Substantive fairness in testing requires that the score interpretation and any test-based decision rule be reasonable and appropriate and 'that examinees of equal standing with respect to the construct the test is intended to measure should on average earn the same test score, irrespective of group membership'(AERA et al. 1999, p. 74).
A related decision, Yong Vui Kong v. Public Prosecutor (2010), apparently rejected the contention that Article 9(1) entitles courts to examine the substantive fairness of legislation, though it asserted a judicial discretion to reject bills of attainder and absurd or arbitrary legislation.
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"Because there are yet no agreed upon substantive principles of fairness in districting, we have no basis on which to define clear, manageable, and politically neutral standards," he wrote.
Distinguishing between substantive and procedural fairness is a meaningless exercise, as it merely clouds the process of judicial inquiry.
Commentators have criticised the fair benefits model for being unclear about how resulting bargains can satisfy certain substantive conditions of fairness [ 7] or for being weak on how negotiating parties can be assumed to have equal power [ 8].
The Supreme Court's ruling implicates the due process rights of non-citizens and the fairness and substantive legality of the immigration system.
Such a proposition not only challenges our theoretical understanding of event perception, but also has substantive practical implications for fairness in sports by strongly advocating the increased use of technology instead of perceptual training programs for match officials.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com