A Theory Of Legitimate Expectations For Public Administration

Author : Alexander Brown
Publisher : Oxford University Press
Page : 240 pages
File Size : 55,5 Mb
Release : 2017-12-08
Category : Law
ISBN : 9780192545565

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A Theory of Legitimate Expectations for Public Administration by Alexander Brown Pdf

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.

Author : Matthew Groves,Greg Weeks
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 51,5 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509909490

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Legitimate Expectations in the Common Law World by Matthew Groves,Greg Weeks Pdf

The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

Author : Margaret Stout
Publisher : Unknown
Page : 325 pages
File Size : 45,7 Mb
Release : 2016
Category : Electronic
ISBN : OCLC:1151050374

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Logics of Legitimacy by Margaret Stout Pdf

The discipline of public administration draws predominantly from political and organizational theory, but also from other social and behavioral sciences, philosophy, and even theology. This diversity results in conflicting prescriptions for the "proper" administrative role. So, how are those new to public administration to know which ideas are "legitimate"? Rather than accepting conventional arguments for administrative legitimacy through delegated constitutional authority or expertise, Logics of Legitimacy: Three Traditions of Public Administration Praxis does not assume that any one approach to professionalism is accepted by all scholars, practitioners, citizens, or elected representatives. Instead, it offers a framework for public administration theory and practice that fully includes the citizen as a political actor alongside elected representatives and administrators. This framework: Considers both direct and representative forms of democracy Examines concepts from both political and organizational theory, addressing many of the key questions in public administration Examines past and present approaches to administration Presents a conceptual lens for understanding public administration theory and explaining different administrative roles and practices The framework for public administration theory and practice is presented in three traditions of main prescriptions for practice: Constitutional (the bureaucrat), Discretionary (the entrepreneur), and Collaborative (the steward). This book is appropriate for use in graduate-level courses that explore the philosophical, historical, and intellectual foundations of public administration. Upon qualified course adoption, instructors will gain access to a course outline and corresponding lecture slides.

Author : Alexander Brown
Publisher : Oxford University Press
Page : 240 pages
File Size : 52,9 Mb
Release : 2017-11-28
Category : Law
ISBN : 9780192545558

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A Theory of Legitimate Expectations for Public Administration by Alexander Brown Pdf

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.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 45,5 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

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.

Author : Søren J. Schønberg
Publisher : Oxford University Press on Demand
Page : 270 pages
File Size : 43,9 Mb
Release : 2000
Category : Law
ISBN : 0198299478

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Legitimate Expectations in Administrative Law by Søren J. Schønberg Pdf

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.

Author : O. C. McSwite
Publisher : SAGE
Page : 326 pages
File Size : 42,7 Mb
Release : 1997-07-02
Category : Language Arts & Disciplines
ISBN : 0761902740

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Legitimacy in Public Administration by O. C. McSwite Pdf

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.

Author : Raymond W. Cox,Susan J. Buck,Betty N. Morgan
Publisher : Routledge
Page : 300 pages
File Size : 44,7 Mb
Release : 1994
Category : Political Science
ISBN : UOM:49015002576701

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Public Administration in Theory and Practice by Raymond W. Cox,Susan J. Buck,Betty N. Morgan Pdf

This book focuses on the interaction between the constitutionally mandated institutions and the bureaucracy.

Author : Cox
Publisher : Pearson Education India
Page : 296 pages
File Size : 46,7 Mb
Release : 1994-09
Category : Electronic
ISBN : 8131728234

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Public Administration In Theory And Practice by Cox Pdf

Author : O. C. McSwite
Publisher : SAGE Publications, Incorporated
Page : 328 pages
File Size : 51,9 Mb
Release : 1997-07-02
Category : Language Arts & Disciplines
ISBN : STANFORD:36105019313241

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Legitimacy in Public Administration by O. C. McSwite Pdf

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.

Author : Jacob Torfing,Lotte Bøgh Andersen,Carsten Greve,Kurt K. Klausen
Publisher : Edward Elgar Publishing
Page : 310 pages
File Size : 46,8 Mb
Release : 2020-04-24
Category : Political Science
ISBN : 9781788971225

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Public Governance Paradigms by Jacob Torfing,Lotte Bøgh Andersen,Carsten Greve,Kurt K. Klausen Pdf

This enlightening book scrutinizes the shifting governance paradigms that inform public administration reforms. From the rise to supremacy of New Public Management to new the growing preference for alternatives, four world-renowned authors launch a powerful and systematic comparison of the competing and co-existing paradigms, explaining the core features of public bureaucracy and professional rule in the modern day.

Author : Peter Leyland,Gordon Anthony
Publisher : Oxford University Press
Page : 545 pages
File Size : 50,9 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780199601660

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Textbook on Administrative Law by Peter Leyland,Gordon Anthony Pdf

The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.

Author : Tim Lindsey,Simon Butt
Publisher : Oxford University Press
Page : 416 pages
File Size : 47,6 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780191665578

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Indonesian Law by Tim Lindsey,Simon Butt Pdf

Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Author : Maya Sigron
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2014
Category : Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) (1952 March 20)
ISBN : 1780682220

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Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights by Maya Sigron Pdf

This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What roles do confidence, detriment, and fair balance play in that context? What purposes do legitimate expectations fulfill in the context of Article 1 of Protocol No. 1? To answer these questions, the book offers an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. The book collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights. The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.

Author : Edoardo Ongaro
Publisher : Edward Elgar Publishing
Page : 349 pages
File Size : 49,9 Mb
Release : 2020-07-31
Category : Political Science
ISBN : 9781839100345

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Philosophy and Public Administration by Edoardo Ongaro Pdf

Philosophy and Public Administration provides a systematic and comprehensive introduction to the philosophical foundations of the study and practice of public administration. In this revised second edition, Edoardo Ongaro offers an accessible guide for improving public administration, exploring connections between basic ontological and epistemological stances and public governance, while offering insights for researching and teaching philosophy for public administration in university programmes.