A Theory Of Legitimate Expectations For Public Administration
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A Theory Of Legitimate Expectations For Public Administration
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Author : Alexander Brown
language : en
Publisher: Oxford University Press
Release Date : 2017-11-28
A Theory Of Legitimate Expectations For Public Administration written by Alexander Brown and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-28 with Law categories.
It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.
A Theory Of Legitimate Expectations For Public Administration
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Author : Alexander Brown
language : en
Publisher: Oxford University Press
Release Date : 2017
A Theory Of Legitimate Expectations For Public Administration written by Alexander Brown and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Should governmental administrative agencies be liable to pay compensation to agents who suffer losses as a result of a policy U-turn? Drawing on insights from political and legal theory, Alexander Brown argues that agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations.
Protection Of Legitimate Expectations In Investment Treaty Arbitration
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Author : Teerawat Wongkaew
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-06
Protection Of Legitimate Expectations In Investment Treaty Arbitration written by Teerawat Wongkaew and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
This book evaluates the core of the concept of legitimate expectations from first principles in moral philosophy. It adopts an unconventional approach by examining this topic from a deep, philosophical perspective and delves into the debates on the binding nature of promise in moral philosophy. It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive 'guidelines of the application of legitimate expectations'. The features of this book are threefold: first, a significant body of literature on moral philosophy is assimilated; second, core philosophical principles are extracted and expressed as a normative framework to resolve concrete cases; third, the author analysed a vast number of investment treaty awards against the underlying framework.
The Anatomy Of Administrative Law
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Author : Joanna Bell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-28
The Anatomy Of Administrative Law written by Joanna Bell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.
Winner of the 2022 Inner Temple New Authors Book Prize. This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.
The Human Right To Property
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Author : Douglas Maxwell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-14
The Human Right To Property written by Douglas Maxwell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-14 with Law categories.
“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.
Legitimacy In Public Administration
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Author : O. C. McSwite
language : en
Publisher: SAGE
Release Date : 1997-07-02
Legitimacy In Public Administration written by O. C. McSwite and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-02 with Language Arts & Disciplines categories.
In this "postmodern, end-of-the-century" moment, the question of what role public administration can legitimately play in a democratic society has deepened and taken on increased urgency. At the same time the movement toward global marketization has gained enormous momentum, traditional prejudices and racial and ethnic violence have appeared with a renewed virulence, presenting unprecedented challenges to democratic governments. Legitimacy in Public Administration reveals how the issue of administrative legitimacy is directly implicated, indeed central, to this broader issue. It argues that legitimacy hinges at the generic level on the question of alterityùhow to regard and relate to "different others." This book reviews the history of the legitimacy issue in the literature of American public administration with the purpose of demonstrating that this discourse has been distorted by an underlying and undisclosed commitment to an elitist "Man of Reason" model of the public administratorÆs role. Current attempts to reformulate administration to meet the challenge of new conditions will fail, the author argues, because they have not escaped the grip of this implicit distortion. Legitimacy in Public Administration includes a challenging concluding chapter that uses insights from gender theory and demonstrates the connection between the legitimacy question and the critical problem of alterity. The author also offers a new way to fundamentally reframe the legitimacy question, so as not only to help the field of public administration resolve it, but to show how this resolution can create a new understanding of the problem of racial and ethnic prejudice.
Protection Of Legitimate Expectations In Investment Treaty Arbitration
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Author : Teerawat Wongkaew
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14
Protection Of Legitimate Expectations In Investment Treaty Arbitration written by Teerawat Wongkaew and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-14 with Law categories.
Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration
The Oxford Handbook Of Comparative Administrative Law
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Author : Peter Cane
language : en
Publisher:
Release Date : 2021
The Oxford Handbook Of Comparative Administrative Law written by Peter Cane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Eu Administrative Law
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Author : Diana-Urania Galetta
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-11-08
Eu Administrative Law written by Diana-Urania Galetta and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-08 with Law categories.
This insightful book analyses the theory and practice of administrative law in the European Union and its member states. Adopting a functional approach, Diana-Urania Galetta and Jacques Ziller provide a detailed overview of the law as it applies to EU institutions, bodies, offices, agencies, and member state authorities.
The Sage Handbook Of Public Administration
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Author : B Guy Peters
language : en
Publisher: SAGE
Release Date : 2012-08-16
The Sage Handbook Of Public Administration written by B Guy Peters and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Political Science categories.
The original Handbook of Public Administration was a landmark publication, the first to provide a comprehensive and authoritative survey of the discipline. The eagerly-awaited new edition of this seminal international handbook continues to provide a complete review and guide to past and present knowledge in this essential field of inquiry. Assembling an outstanding team of scholars from around the world, the second edition explores the current state-of-the-art in academic thinking and the current structures and processes for the administration of public policy. The second edition has been fully revised and updated, with new chapters that reflect emerging issues and changes within the public sector: - Identifying the Antecedents in Public Performance - Bureaucratic Politics - Strategy Structure and Policy Dynamics - Comparative Administrative Reform - Administrative Ethics - Accountability through Market and Social Instruments - Federalism and intergovernmental coordination. A dominant theme throughout the handbook is a critical reflection on the utility of scholarly theory and the extent to which government practices inform the development of this theory. To this end it serves as an essential guide for both the practice of public administration today and its on-going development as an academic discipline. The SAGE Handbook of Public Administration remains indispensable to the teaching, study and practice of public administration for students, academics and professionals everywhere.