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Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration
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.
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.
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.
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.
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.
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.
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.
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.
Chan Su Jung provides a thorough review of goal ambiguity in the public sector, exploring the general assertions, arguments and empirical evidence regarding performance goal ambiguity, particularly highlighting its causes, consequences, and mediation effects. The author proposes a new conceptual framework for successful analysis of goal ambiguity that can effectively relate to diverse organizational and program characteristics.