The Revd Canon Alan T Perry, an expert in canon law (he claims ever a student), has published the first part of a commentary on the proposed Anglican Covenant's dispute-settling process from the perspective of Administrative Law
He has published the first of a two-part analysis of the proposed Covenant from the perspective of the Duty to be Fair (which is essentially Natural Justice outside the realm of a judicial proceeding). In this analysis, exploring the applicability of the Duty to be Fair to the proposed Covenant and the principle of "hear the other side", he concludes that fairness might be achieved provided the Standing Committee exercises its very great discretion properly, but that there is some doubt that this will happen in the absence of guidelines to promote and guarantee fairness. If fairness is achieved it will be more a matter of good luck than of the deliberate design of the dispute-settling process in the proposed Covenant.
The enquiry concerning fairness is important for three reasons:
fairness is an important consideration in Christian faith and the canonical tradition, allied with questions of justice (hence “Natural Justice”); a decision felt to be unfair will be rejected and will only increase division in the Anglican Communion, counter to the stated purpose of the proposed Covenant; aside from being the right thing to do, protecting fairness would lend credibility to the proposed Covenant’s procedures.
As Jones and de Villars put it, “Justice must not only be done but must manifestly and undoubtedly be seen to be done. It increases the confidence of the parties and the public in the decision-making process. It also produces better decisions.” (p. 454)
Read Part I here