Evolution And Application Of The Doctrine Of Legitimate Expectation In Administrative Law PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Evolution And Application Of The Doctrine Of Legitimate Expectation In Administrative Law PDF full book. Access full book title Evolution And Application Of The Doctrine Of Legitimate Expectation In Administrative Law.

Evolution and Application of the Doctrine of Legitimate Expectation in Administrative Law

Evolution and Application of the Doctrine of Legitimate Expectation in Administrative Law
Author: Apoorwa Nanayakkara
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:
GET BOOK

Download Evolution and Application of the Doctrine of Legitimate Expectation in Administrative Law Book in PDF, ePub and Kindle

This article delves into the evolution and application of the doctrine of legitimate expectation in administrative law, exploring its fundamental principles and implications. The concept of legitimate expectation has emerged as a vital bridge between the Rule of Estoppel and the Principle of Administrative Fairness, serving to safeguard individuals against arbitrary exercise of power by state agencies. Further examines the theoretical underpinnings of legitimate expectation, its procedural and substantive aspects, and its significance in ensuring good governance. Through an analysis of key cases from different jurisdictions, including Sri Lanka, the article evaluates the development of the doctrine and its interplay with principles of natural justice and equality. The article also discusses the challenges and ambiguities faced in distinguishing between procedural and substantive legitimate expectations. Overall, it highlights the importance of maintaining a delicate balance between protecting legitimate expectations and prioritizing the public interest, while emphasizing the evolving nature of this doctrine within the realm of administrative law.

Legitimate Expectations and Proportionality in Administrative Law

Legitimate Expectations and Proportionality in Administrative Law
Author: Robert Thomas
Publisher: Hart Publishing
Total Pages: 146
Release: 2000-09
Genre: Law
ISBN: 1841130869
GET BOOK

Download Legitimate Expectations and Proportionality in Administrative Law Book in PDF, ePub and Kindle

Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.

Legitimate Expectations in Administrative Law

Legitimate Expectations in Administrative Law
Author: Søren J. Schønberg
Publisher: Oxford University Press on Demand
Total Pages: 270
Release: 2000
Genre: Law
ISBN: 9780198299479
GET BOOK

Download Legitimate Expectations in Administrative Law Book in PDF, ePub and Kindle

This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.

From Heresy to Orthodoxy

From Heresy to Orthodoxy
Author: Mark Elliott
Publisher:
Total Pages: 22
Release: 2016
Genre:
ISBN:
GET BOOK

Download From Heresy to Orthodoxy Book in PDF, ePub and Kindle

English administrative law is unusual in the common law world for its embrace of the doctrine of substantive legitimate expectations. However, while that doctrine is now an accepted -- if not yet fully settled -- part of the administrative law landscape in England, it is only 20 years since it was judicially castigated as "heretical". This paper charts the development of the substantive legitimate expectation doctrine over recent decades, and critically examines the reasons for its transformation from heresy to orthodoxy. It does so by situating the emergence of the substantive legitimate expectation principle within the context of wider changes that have taken place in English public law in recent decades, arguing that the patina of doctrinal orthodoxy that substantive legitimate expectations now enjoy is warranted. That position is advanced by reference to two lines of argument. First, it is argued that the doctrine of substantive legitimate expectation can be understood in terms more subtle and less uncompromising than those implied by the early cases which attracted particularly critical attention, both academically and judicially. Second, as well as addressing the substantive legitimate expectation doctrine's compatibility with orthodoxy, orthodoxy's compatibility with the doctrine is examined and two distinct but complementary propositions advanced. It is argued, on the one hand, that understandings of what orthodoxy is have evolved somewhat in the last 20 or so years. On the other hand, it is argued that understandings of what orthodoxy requires, in doctrinal terms, have also changed. These shifting perceptions of the nature and implications of orthodoxy have served to carve out a space for the substantive legitimate expectation doctrine today which is more generous than that which previously existed. The story of the evolution of the doctrine of substantive legitimate expectation thus forms part of a larger tableau upon which is recorded the recent evolution of English administrative law itself.

Handbook of International Investment Law and Policy

Handbook of International Investment Law and Policy
Author: Julien Chaisse
Publisher: Springer
Total Pages: 0
Release: 2021-08-17
Genre: Law
ISBN: 9789811336140
GET BOOK

Download Handbook of International Investment Law and Policy Book in PDF, ePub and Kindle

The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

Judicial Review of Administrative Action

Judicial Review of Administrative Action
Author: Swati Jhaveri
Publisher: Cambridge University Press
Total Pages: 447
Release: 2021-03-18
Genre: Law
ISBN: 1108481574
GET BOOK

Download Judicial Review of Administrative Action Book in PDF, ePub and Kindle

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

Introduction to Law

Introduction to Law
Author: Jaap Hage
Publisher: Springer
Total Pages: 396
Release: 2017-08-07
Genre: Law
ISBN: 3319572520
GET BOOK

Download Introduction to Law Book in PDF, ePub and Kindle

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.

Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
Total Pages: 321
Release: 2021
Genre: Law
ISBN: 0192896911
GET BOOK

Download Understanding Administrative Law in the Common Law World Book in PDF, ePub and Kindle

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

The Origin and Evolution of Investment Treaty Standards

The Origin and Evolution of Investment Treaty Standards
Author: Federico Ortino
Publisher: Oxford University Press
Total Pages: 208
Release: 2019-12-05
Genre: Law
ISBN: 0192580213
GET BOOK

Download The Origin and Evolution of Investment Treaty Standards Book in PDF, ePub and Kindle

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees. Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. Knight
Publisher: Cambridge University Press
Total Pages: 309
Release: 2018-04-19
Genre: Law
ISBN: 110719024X
GET BOOK

Download Vigilance and Restraint in the Common Law of Judicial Review Book in PDF, ePub and Kindle

Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.