NCJ Number
50981
Journal
Social Work Volume: 23 Issue: 5 Dated: (SEPTEMBER 1978) Pages: 402-405
Date Published
1978
Length
4 pages
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)