Principle

CONSTITUTIONAL LAW – Fair Hearing – Duty of Appellate Court to Consider Valid Brief and Arguments

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

This reinforces Principles 529-530 while articulating fair hearing's essence. Fair hearing has two components: (1) Opportunity to present: Party must be allowed to present arguments and submissions. (2) Consideration of arguments: Tribunal must actually consider presented arguments before deciding. Both are essential—opportunity without consideration violates…

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