Procedural Fairness Research Articles

Procedural fairness in algorithmic decision-making: the role of public engagement

AbstractDespite the widespread use of automated decision-making (ADM) systems, they are often developed without involving the public or those directly affected, leading to concerns about systematic biases that may perpetuate structural injustices. Existing formal fairness approaches primarily focus on statistical outcomes across demographic groups or individual fairness, yet these methods reveal ambiguities and limitations in addressing fairness comprehensively. This paper argues for a holistic approach to algorithmic fairness that integrates procedural fairness, considering both decision-making processes and their outcomes. Procedural fairness emphasizes the importance of fair decision-making procedures, which aligns with theories of relational justice that stress the quality of social relations and power dynamics. We highlight the need for substantive procedural fairness to ensure better outcomes and address forward-looking responsibilities. Additionally, we propose leveraging Public Engagement, a core dimension within the well-established Responsible Research and Innovation framework, to enhance procedural fairness in ADM systems. Our contribution underscores the value of Public Engagement in fostering fairer ADM processes, thereby expanding the current focus beyond technical outcome-based approaches to encompass broader procedural considerations.

ONLINE DISPUTE RESOLUTION IN UKRAINE: EXPECTATIONS AND REALITY

Background: As digital interactions and transactions grow, people are more inclined to participate if they feel secure and assured of fair procedures. However, online dispute resolution is still rarely used in Ukraine due to a lack of regulations. This research article provides a legal analysis of online dispute resolution (ODR) in Ukraine, concentrating on defining the ODR landscape, as well as on considering its potential in e-commerce and traditional court proceedings. Besides, the article presents a vision and proposals for the future adoption of European laws in Ukraine while discussing the current challenges in the online justice system that hinder its successful implementation. As a result, the article emphasises the need for an adequate legal instrument to regulate ODR in Ukraine, particularly in the context of e-commerce. It highlights the importance of implementing EU legislation, developing ODR platforms and ADR institutions, and ensuring their decisions are binding. It also addresses the challenges related to remote hearings in the judiciary during different circumstances and suggests adopting cloud-based case management to improve efficiency and reduce the risk of document destruction. Methods: The research methodology for this study on online dispute resolution in Ukraine included a comprehensive literature review, a comparative analysis of ODR systems in European countries, and a systems analysis to forecast the future trajectory of ODR in Ukraine. This approach aimed to assess the current state of ODR in Ukraine, identify areas for improvement, and explore potential achievements and challenges in its implementation. Results and conclusions: The article concludes that Ukraine is in the process of establishing a legal framework for online dispute resolution, which is expected to progress further after the war. The implementation of EU legislation and the development of ODR platforms and ADR institutions are crucial, along with ensuring accessibility for all, including vulnerable groups without internet access. Related to online courts, it is necessary to address challenges such as judges' absence during remote hearings. It is also recommended that the process be expedited and the risk of document loss internally in the case management system minimised.

Exploring legitimacy in a municipal budget decision in Switzerland: empirical insights into citizens' perceptions.

This study examines legitimacy in municipal budgeting decisions, focusing on input, throughput and output dimensions. Using data from four Swiss studies, we explore how citizens assess these dimensions across traditional and innovative decision-making processes and investigate the impact of different voting methods on legitimacy perceptions. Our findings reveal that in routine processes using traditional voting, legitimacy dimensions are considered collectively. Conversely, in innovative participatory budgeting, dimensions are judged separately, involving more active evaluation. Throughput legitimacy (perceived fairness) emerges as crucial in both contexts, while input and output legitimacy's importance varies by process type. The Method of Equal Shares voting system shifts focus towards procedural fairness, increases representation and is perceived as fairer than the traditional Greedy method. However, even fair processes cannot fully compensate for outcome dissatisfaction, highlighting the complex interplay of legitimacy dimensions. This research contributes to understanding legitimacy construction in municipal decision-making, offering insights into the relationship between voting methods and legitimacy perceptions. The findings have implications for policy-makers seeking to enhance the effectiveness and acceptance of budgeting processes. This article is part of the theme issue 'Co-creating the future: participatory cities and digital governance'.

Exploring the differences and influencing factors between top-down and opinion-reflective approaches regarding public acceptance of final disposal of soils removed after the Fukushima nuclear accident.

The final disposal of the soils removed from the area affected by the Fukushima nuclear accident will be carried out by 2045. This study investigated how acceptance of final disposal differed between top-down, opinion-aggregative, and opinion-reflective approaches to the decision outcome, and what factors influenced these differences. In 2022, a survey of 3000 randomly selected participants living outside Fukushima Prefecture was conducted using the postal method, with responses obtained from 871 consenting participants. The proportions of respondents who agreed to accept the final disposal were 22.6, 37.6 and 56.9% for the top-down, opinion-aggregative, and opinion-reflective approaches, respectively. The preferences for both opinion-aggregative and opinion-reflective approaches showed significant positive associations with interest in final disposal and social benefits, and significant negative associations with intergenerational expectations and age. This study highlights the importance of procedural fairness in determining final disposal sites, and identifies factors that contribute to greater acceptance through this process.

Tax Compliance Non-Prosecution: Logical Foundations, Application Review, and Integrated Pathways—A Perspective from the Greater Bay Area in China

Compliance non-prosecution serves as a criminal incentive mechanism aimed at encouraging private enterprises to strengthen internal management and prevent criminal conduct, representing a proactive response to modernizing crime governance centered on cooperative justice. As a significant economic engine, the Greater Bay Area in China would benefit from an integrated tax compliance criminal system to support tax compliance within enterprises involved in legal disputes, promoting their sustainable development. Given the unique characteristics of tax-related cases, the Greater Bay Area should establish a tax compliance criminal procedure led jointly by legal and prosecutorial authorities. This procedure should categorize cases by severity into discretionary non-prosecution and conditional non-prosecution, thus creating a unified standard that integrates governance and prevention in tax compliance rectification. Additionally, an interconnected tax compliance cooperation mechanism should be established within the Greater Bay Area. Such unified regulations on tax compliance non-prosecution would strengthen collaboration in tax enforcement, enhance the standardization, fairness, and transparency of criminal tax compliance procedures, and ultimately improve both enforcement efficiency and judicial authority.

Cross Retaliation Under TRIPS: A Creative Remedy When Power Disparity Exists

The WTO system has largely achieved procedural fairness, yet substantial challenges persist in addressing the equity of legal remedies and enforcement, particularly amid significant disparities in economic power among member states. Such power imbalances necessitate a nuanced consideration in the design of the system to ensure that fairness transcends procedural aspects and reflects in substantive outcomes. In that context, Intellectual Property (IP) retaliation emerges as an innovative and temporary method to address these imbalances, offering a mechanism to level the playing field between developed and developing countries. While IP retaliation has gained traction as a strategic tool to mitigate power disparities, its mechanisms remain inadequately defined and require further empirical validation and refinement in practice. This highlights the need for ongoing reform within the WTO system to enhance both the clarity and effectiveness of IP retaliation, ensuring it serves as a viable and fair recourse in international trade disputes.

Procedural Fairness in Budgeting and Employee Performance in The Context of Information Sharing

Information sharing and procedural fairness are crucial for achieving business objectives through employee performance. The results of this research will help firm management make decisions about how to improve employee and company performance by upholding procedural fairness and increasing information sharing between superiors and subordinates. This research aims to examine the effect of procedural fairness on information sharing, the effect of information sharing on employee performance, and the mediating role of information sharing on the effect of procedural justice on employee performance. This study uses primary data collected through questionnaires. The sample consisted of 108 sub-manager level employees (services, trade, and manufacturing) selected based on a purposive sampling technique. Data analysis was conducted using the regression method. Data analysis findings indicate that procedural fairness affects employee performance, which is mediated by information sharing. If procedural justice is applied, communication will be better, especially regarding relevant information; this can improve employee . As demonstrated by empirical studies of Indonesian companies, there is currently no research that reveals the relationship between procedural fairness, information sharing, and employee performance. performance. However, cross-sectional studies have flaws because they frequently lack evidence of causal links between the variables they study. According to empirical studies on Indonesian organizations, no research has demonstrated a connection between procedural fairness, information sharing, and employee performance. Based on the results of the data analysis, it can be concluded that procedural fairness and information sharing positively related to employee performance.

The Impact of Adaptive Leadership in Badminton Coaching on Player Development

This research examined the influence of adaptive leadership styles in badminton coaching on players' long-term growth. The emphasis is on qualities like adaptability in coaching, emotional intelligence, effective problem-solving, empowering players, and strategic thinking. The study encompasses a heterogeneous sample, mainly male individuals who are generally inexperienced players with different educational backgrounds. The research used a mixed-methods approach, combining quantitative measurements with qualitative feedback, to evaluate the effectiveness of existing coaching procedures. The results indicate that the observed leadership tactics are only marginally implemented. However, there is a clear need for development, particularly in creating a collaborative team atmosphere and increasing player empowerment. The data reveals no notable disparities in evaluating these tactics across different demographic profiles, suggesting fair coaching procedures. When evaluating long-term growth, factors such as fundamental movement abilities, involvement in several sports, technical proficiency, tactical comprehension, and mental skills training are considered moderately advanced, specifically emphasizing building mental resilience.

Procedural fairness to recalibrate the power imbalance in health decision-making: comment on the report: 'Open and inclusive: Fair processes for financing universal health coverage'.

The policy-making process for health financing in most places lacks equity, failing to adequately consider the voices of ordinary citizens, residents, and especially those facing significant disadvantage. Procedural fairness is about addressing this imbalance, which requires a recalibration of power dynamics, ensuring that decision-making incorporates a more diverse range of perspectives. In this comment, we highlight the important contributions made by the report 'Open and inclusive: Fair processes for financing universal health coverage' in furthering the understanding and importance of procedural fairness in health financing decision-making especially as it relates to the three sub-functions of financing - revenue raising, pooling, and purchasing. We also argue for the importance of conceptual clarity - especially as to the added value of procedural fairness vis-à-vis accountability - and critically review the proposed framework for procedural fairness, emphasising the role of voice as the linchpin to advancing equity in influence.

Procedural fairness in automated asylum procedures: Fundamental rights for fundamental challenges

In response to the increasing digitalization of asylum procedures, this paper examines the legal challenges surrounding the use of automated tools in refugee status determination (RSD). Focusing on the European Union (EU) context, where interoperable databases and advanced technologies are employed to streamline asylum processes, the paper asks how EU fundamental rights can address the challenges that automation raises. Through a comprehensive analysis of EU law and several real-life cases, the paper focuses on the relationship between procedural fairness and the use of automated tools to provide evidence in RSD. The paper illustrates what standards apply to automated systems based on a legal doctrinal analysis of EU primary and secondary law and emerging case law from national courts and the CJEU. The article contends that the rights to privacy and data protection enhance procedural fairness in asylum procedures and shows how they can be leveraged for increased protection of asylum seekers and refugees. Moreover, the paper also claims that asylum authorities carry a new pivotal responsibility as the medium between the technologies, asylum seekers and their rights.

Perceptions of fairness, inclusion and safety: the differential impact of contrasting experiences on academics and professional services staff

AbstractThe current study explores how organizational dimensions relate to and impact organizational commitment, comparing staff in academic positions with staff in professional services roles. Data was collected from 281 academic and 294 professional services staff within university environments who completed extensive questionnaires. Overall academics manifested lower levels of emotional attachment to, and perceived obligation to remain in their university, felt less safe to take interpersonal risks, to speak up and lower support for their work-life balance than their professional services colleagues. The perception of procedural fairness and discrimination impacted academics loyalty and felt obligation to remain and reciprocate organizational investments to a higher extent. Psychological safety positively influenced staff’s commitment. Emotional and obligation-based types of commitment were more strongly affected by psychological safety among academics than professional services staff. Finally, work-life balance support positively influenced staff’s commitment, appearing to be an equally important dimension to drive emotional and obligation-based types of commitment from both academics and professional services staff. This study brings important contributions to research on the working environment of academics and professional services staff and indicates that development of clear policies to promote and maintain fairness, psychological safety and work-life balance, together with active monitoring and evaluation of their impact, should be a key focus for higher education institutions.

The Influence of Fairness for Performance Salary on Employee Pay-Satisfaction

A structural equation model was constructed to investigate the relationship between performance-based pay, fair salary distribution, fair salary procedures, external fairness of salary, and salary satisfaction. State owned enterprises and small and medium-sized private enterprises in Beijing and Xi'an were selected as research objects, and the causal relationships between the various elements in the model were empirically analyzed using on-site distribution and entrusted distribution methods. The model was then revised. Research has found that the strength of performance-based pay can significantly positively affect both procedural fairness and external fairness in compensation; Fair salary distribution and fair salary procedures can significantly positively affect salary satisfaction.

Working towards more socially acceptable outcomes from airspace modernisation

The UK is currently undertaking a process of airspace modernisation, which has revealed potentially competing objectives for the management of aircraft noise impacts. Communities at some airports are concerned about the fairness of potential outcomes in terms of changes to the pattern of aircraft noise exposure. This research draws upon in-depth community focus groups where the fairness and equity of different airspace change concepts for a fictitious departure route were discussed using a virtual airport scenario. These discussions revealed a preference of minimal change compared to the existing patterns of noise exposure, where the use of a number above metric (N65) was particularly helpful in allowing participants to understand the implications of different airspace change options on the spatial distribution of noise on the ground. The paper demonstrates how N65 data can be used to summarise the consequences of different airspace change options, supporting stakeholders in assessing the relative distributional fairness of each proposal. Such transparency around the consequences of airspace change proposals enhances informational fairness and can help build trust in the procedural fairness of airspace decision-making leading to more socially acceptable outcomes (or the least socially unacceptable outcomes).

Open and opaque? The performativity of open priorities in a Norwegian hospital

Being open about priority-setting decisions is a central element of frameworks enhancing procedural fairness. While challenges in implementing priority-setting frameworks in general have been reported, few studies have empirically examined how the concept of openness is understood and enacted in the day-to-day functioning of hospitals. This paper explores the operationalisation of the policy of “open priorities”, based on long-term ethnographic fieldwork in a Norwegian hospital in 2022. Drawing on the concept of performativity, the study portrays how the ideal of open priorities translates into everyday practices related to why, for whom and which priorities are to be open. The paper shows how openness was portrayed as a central hospital policy, but was also seen as a source of conflicts, hindering effective governance and reducing public trust. Hence, hospital leaders transformed and diluted the ideal of openness into priority-setting decisions with multiple shields of opaqueness. Through omissions and rewritings of the notion of openness, health leaders enacted performativity. The paper adds to the growing body of knowledge of the multifaceted ways policy ideals are transformed by government institutions in the process of implementation and calls for further exploration of efforts to improve everyday and routinised procedural fairness.

경찰 효과성 측정 및 타당성 연구

The purpose of this study is to identify and validate how police effectiveness, one of the key variables in procedural justice theory, is measured. Police effectiveness is an instrumental measure of whether the police are successful in deterring and solving crime, and some research suggests that the more positively citizens perceive police effectiveness, the more willing they are to cooperate with the police. However, unlike procedural fairness and police legitimacy, the effect of police effectiveness on the dependent variable, police cooperation, is not consistent. For this purpose, we reviewed domestic and foreign studies centered on the police effectiveness variable, and revised and modified the items used in Sunshine & Tyler(2003)'s study to verify their validity. The results of a survey of 539 adult men and women living in Seoul with Korean nationality from October to November 2022 were used in the study, and validity was verified through reliability analysis, exploratory factor analysis, and confirmatory factor analysis. The results of the analysis showed that the eight items used in the study are appropriate tools for measuring police effectiveness. This study is significant in that it validated the validity of a police effectiveness measurement tool, presented a unified standardized questionnaire in Korea, and explored the possibility of its utilization. On the other hand, since the performance of police activities as perceived by citizens is likely to differ by the field of police activities, this study suggests that it is necessary to prepare detailed criteria to appropriately measure it, as well as to conduct future studies such as repeated validation and further development of items with high validity and reliability.

APPLICATION OF THE PROPORTIONALITY PRINCIPLE IN COMMERCIAL CONTRACTS TO ENSURE JUSTICE FOR THE PARTIES

<em>Contracts play a very significant function in business. It is envisaged that applying the proportionality principle will aid in the realization of the contract's objectives and functions. The principle of proportionality governs the exchange of rights and obligations between parties in accordance with their proportions or parts, and it applies throughout the contract process, including the pre-contractual stage, contract formulation, and contract execution. Commercial contracts emphasize characteristics of partnership and business continuity, with the parties exchanging their rights and obligations in a fair and reasonable manner. To build a fair and mutually advantageous contractual partnership, ensure that the parties' interests (rights and obligations) are exchanged in balance. The notion of proportionality is vital not only for creating contracts that are just and mutually advantageous (substantial justice), but also for emphasizing fairness (fairness in procedures). The integration of contract law concepts is an analytical technique for dissecting the presence of contracts formed by the parties in order to manage the parties' various interests in a proportional manner</em>

Perceptions of scientific assessment effectiveness

The science-policy interface process known as ‘scientific assessment’ convenes large numbers of experts, policymakers, and stakeholders to deliberate and synthesise cross-disciplinary knowledge. Considering the increasingly frequent and widespread use of scientific assessments over the past 30 years, globally and in South Africa, it is surprising that few effectiveness evaluations have been undertaken. A case-study mixed methods approach was used to evaluate the perceived effectiveness of six scientific assessment cases – two global, two regional and two national. To measure perceptions, a Generic/Procedural framework was developed, consisting of thirteen indicators based on the science-policy ‘dimensions’ of Credibility, Relevance and Legitimacy (CRELE). The cases were perceived to have performed better than average with respect to Output quality, Procedural fairness, Use in decision-making, Trustworthiness and Iterativity, and below average for Coproduction, Capacity building, Media communications, Transdisciplinarity and Financial resources. Perceptions of effectiveness varied based on participant role, age, and country income levels, revealing both pluralistic viewpoints and the subjective nature of participant-led evaluations. While Relevance is often considered the keystone dimension of CRELE, the cases performed better for indicators foundational to Credibility and Legitimacy, rather than those foundational to Relevance. Future successful scientific assessment practice will require more conscious consideration of Relevance, coupled with innovative epistemic practices in the spirit of the Pragmatic-Enlightened Model (PEM) of science-policy interaction.

Through the Lens of Accountability: Body-Worn Cameras in Police Operations at Pampanga Police Provincial Office

This study evaluates the compliance of the Pampanga Provincial Police Office with the use of body-worn cameras and alternative recording devices during police operations in the province Pampanga and examines the severity of problems encountered in their use. Specifically, it assesses compliance in terms of procedural fairness, police performance, data protocols, privacy concerns, and camera benefit while investigating the relationship between compliance levels and encountered problems. It hypothesizes that higher compliance levels are associated with fewer operational problems and that certain areas, such as data protocols and privacy, may present greater challenges. A descriptive correlational design was used, employing structured questionnaires to gather data from 200 respondents, including police officers and community members. Key findings indicate a very high compliance level in using Body-Worn Cameras and Alternative Recording Devices (Mean = 3.49), but also highlight significant challenges, with an overall severity rating of problems as high (Mean = 2.81). Correlational analysis suggests a moderate positive relationship between perceived compliance and the severity of problems faced. The study recommends tailored training, procedural adjustments, and improved data management and privacy measures to address these challenges. Limitations of the study include potential biases in respondent perceptions and constraints in generalizing findings to other regions. Policymakers are urged to enhance transparency, accountability, and public trust in police practices to foster a safer community environment in Pampanga Province.

Managing Social Equity: Insights from Local Public Managers

Since its genesis in public administration, social equity has framed the field’s discussions of fairness in governance and management. Here we explore how local public managers conceptualize and operationalize social equity as a public value in the communities they lead. Based on in-depth interviews with 23 local government leaders, we find that these managers often define social equity in ways that emphasize procedural fairness. In addition, while social equity was a priority among the public managers, several expressed that they often face resistance from their elected officials when attempting to prioritize equity.

An empirical investigation of ethnic-cultural procedural fairness effects and their boundary conditions among three societal groups in South Africa

ABSTRACT Ethnic-cultural procedural fairness refers to the perception that societal actors use fair and unbiased procedures to make decisions vis-à-vis one’s ethnic-cultural group. Prior research using ethnic-cultural minority samples has convincingly shown that such perceptions are associated with a range of desirable outcomes. Yet, this body of evidence has so far limited its scope to European and North American samples. Moreover, more research is needed on the underlying psychological processes. Therefore, the central aim of the present study was to investigate ethnic-cultural procedural fairness effects among three societal groups in South Africa. In Study 1 (N = 326 black South Africans), we observed relationships between ethnic-cultural fairness perceptions and positive institutional and intergroup attitudes. Institutional and social trust respectively mediated these associations. Study 2 (N = 747) replicated these findings among white (n = 595), but not among coloured South Africans (n = 152). Notably, across both studies, we also obtained evidence for moderation. That is, procedural fairness effects on institutional attitudes were significantly smaller among socioeconomically burdened black participants, and procedural fairness effects on intergroup attitudes were fully curbed among white participants who reported high levels of perceived group discrimination. Taken together, our results call for enhanced attention to procedural fairness obstacles outside of typical WEIRD settings.