The Basis of Fairness in Administrative Law: Osborn v. The Parole Board

The recent UK Supreme Court decision in Osborn v. The Parole Board, [2013] UKSC 61 has already provoked interesting commentary on the relationship between the common law of procedural fairness and the European Convention on Human Rights. I have nothing to add to that commentary, but one of the things I find interesting about Osborn is the discussion of the basis of fairness in administrative law.

Administrative Notice: Social Science and Common Sense

A long-standing issue in administrative law is the extent to which decision-makers can take "judicial notice" of information about the world. Decision-makers are selected typically on the basis of their expertise. But this expertise is liable to be wide-ranging. Sometimes, they will drawn on their background knowledge to support a decision. In such circumstances, however, the individual who comes out on the losing side may well feel hard done by, for not having had a chance to prepare a considered response to the information relied upon.