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NCJ Number: 50981 Find in a Library
Title: DUE PROCESS - A BOUNDARY FOR INTERVENTION
Journal: SOCIAL WORK  Volume:23  Issue:5  Dated:(SEPTEMBER 1978)  Pages:402-405
Author(s): L M STONE
Corporate Author: National Assoc of School Workers
United States of America
Date Published: 1978
Page Count: 4
Sponsoring Agency: National Assoc of School Workers
Washington, DC 20005
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE DISCUSSES THE LIMITATIONS BETWEEN GOVERNMENTAL AUTHORITY AND INDIVIDUAL RIGHTS SO AS TO FACILITATE THE PLANNING, ADMINISTRATION, AND OPERATION OF SOCIAL PROGRAMS AND LEGISLATION.
Abstract: DUE PROCESS CAN BE DEFINED AS THE EXISTING PARAMETERS OF INTERVENTION BETWEEN THE STATE AND THE INDIVIDUAL BASED UPON THE TRADITIONS OF POSITIVE LAW AND NATURAL LAW. APPLICATION OF DUE PROCESS IS MADE BY IDENTIFICATION OF AN ACTION OUTSIDE THE SCOPE OF PERMISSIBLE GOVERNMENT ACTIVITY, (SUBSTANTIVE DUE PROCESS) OR DETERMINATION OF THE STEPS TO BE TAKEN DURING THE COURSE OF GOVERNMENT INTERVENTION (PROCEDURAL DUE PROCESS). THE LITERATURE OF SOCIAL WELFARE DWELLS ON THE PROCEDURAL ELEMENT. THE TWO PRIMARY ISSUES RELATED TO THE SOCIAL WORKER ARE: (1) DETERMINATION OF A DUE PROCESS REQUIREMENT, AND (2) APPLICATION OF THE REQUIREMENT. THE CONCEPTS OF POSITIVE AND NATURAL LAW ARE EMPLOYED TO MAKE THESE DETERMINATIONS. ONCE A COURT DECIDES THAT A FUNDAMENTAL RIGHT IS INVOLVED, A REVIEW IS MADE OF THE GOVERNMENT'S ACTION TO ASSESS THE POSSIBILITY OF VIOLATION OF THE INDIVIDUAL'S SUBSTANTIVE OR PROCEDURAL RIGHTS. A SOCIAL WORKER WHO UNDERSTANDS THE DISCUSSED BOUNDARIES CAN PLAN FOR JUDICIAL OR LEGISLATIVE SHIFTS WHEN DESIGNING PROGRAMS. DUE PROCESS CAN SERVE AS AN EFFECTIVE MODEL FOR RESPONSIBLE ACTION. CASE STUDIES, FOOTNOTES, AND REFERENCES ARE PROVIDED. (JCP)
Index Term(s): Constitutional Rights/Civil Liberties; Judicial process; Laws and Statutes; Right to Due Process; Social workers; Welfare services
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50981

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