This speaker argues that the safeguards of procedural due process that are typically talked about by courts, such as notice and cross-examination, are not the basic values that underlie and give meaning to the concept of procedural due process. A few of the fundamental values that deserve more attention are achieving a rational result, accountability, and assurance of an adequate explanation for the decision. The speaker then discusses the problems with the adversary model in safeguarding these values and concludes that more modest safeguards like a notice-and-comment type proceeding might be adequate to protect the fundamental values of procedural due process.
Robert L. Rabin,
Some Thoughts on the Relationship between Fundamental Values and Procedural Safeguards in Constitutional Right to Hearing Cases,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol16/iss2/9