Why we need to rethink procedural fairness for the digital age and how we should do it

Abstract

The ‘frontline’ of administrative decision-making is one of the primary domains of law and policy in action. But it is also more than that: it is a critical fairness interface in society with profound effects on the lives of individuals, society and the economy. How frontline decision-making operates is changing rapidly—not least because of the expanding use of digital technologies within government. This presents a generational challenge for the foundational idea of procedural fairness in this sphere: that, separate from the outcome of a decision-making process, a person ought to be treated in a procedurally fair manner. We argue that this challenge requires us to move beyond traditional ways of thinking about procedural fairness and place new emphasis on how citizens perceive and experience fairness within public decision-making processes. Drawing on survey evidence and other disciplines, we show that this is both a viable and valuable project.