Administrative Law is the law regarding the exercise of powers by public authorities. That authority must have a legislative role or the policies must be developed through the legislature, it must understand that it has constitutional and judicial constraints and finally it is a buffer between the judicial and the executive branch of government. With that being said it must be stated that in the entire public service no written policy on the re-enlistment of persons exists, however; there are several precedents that has been set hence, the legitimate expectations of police officers.
When a Court conducts a judicial review it can only look at the process in which the decision was made to ensure that all the proper steps was taken. It can also determine if the authority was fair in its decision only. If the Court is satisfied that this was done then the person has no case. A reviewing board may set aside an administrative decision if it is found to be unreasonable.
Abuse of discretion is when an authority steps outside of its functions to make a decision. If this occurs the Court has the obligation to rule against this practice as any organization whether it be public or private has to act with is authority. On the matter of this issue with respect to the denial of retro-payment to re-enlisted officers it is the opinion of the author that it is an abuse of discretion on behalf of the Government. This was determined based on the fact that there was neither consultation nor compromise the decision as simply passed down.
The doctrine of legitimate expectation is when a person seeks judicial review if they felt that they were deprived of something that they thought is rightfully theirs. In order to determi...
... middle of paper ...
...f Bangladesh: An Assessment." (2012).
Dewhurst, Elaine, and Ms Dafni Diliagka. "Increasing pension ages in Europe: The case of Legitimate Expectation."
Batts, Deborah A. "Remedy Refocus: In Search of Equity in Enhanced Spouse/Other Spouse Divorces." NYuL rev. 63 (1988): 751.
Forsyth, Christopher F. "The provenance and protection of legitimate expectations." Cambridge Law Journal 47.2 (1988): 238-60.
Elias-Roberts, Alicia. "A comparative analysis of the UK and Commonwealth Caribbean approach towards legitimate expectation." Commonwealth Law Bulletin 39.1 (2013): 143-152.
McGilvray, Stuart Angus. "Making sense of substantive legitimate expectations in New Zealand Administrative Law." (2007).
Samuel, Geoffrey. "Roman law and modern capitalism." Legal Studies 4.2 (1984): 185-210.
www.laws.canterbury.ac.nz/documents/17_2_283_298.pdf - last seen 14th February 2014
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- “Administrative law is difficult to define” (Groves & Lee, 2007, pg. 1) Administrative Law regulates the relationship between the government and the governed. Members of the public who are directly affected by a decision are referred to as the governed. It is a form of public law, although it may apply to private bodies. There are two main goals of Administrative Law and they are to redress individual complaints and to improve the quality of decision-making. There are three core elements to help maintain and achieve the goals of administrative law and they are lawfulness, rationality and fairness.... [tags: Law, Administrative law, Judge, Habeas corpus]
1434 words (4.1 pages)
- 1. The term law is a system of principles and processes on which people in a society deal with problems and disputes then seeking to solve or settle them without resorting to any force. The sources in which the law is derived are common law, statutory law and administrative law. 2. The term precedent is a judicial decision that may be used as a standard in subsequent similar cases. Res Judicata means the thing is decided either acted on or decided by the courts. Stare Decisis which means let the decision stand.... [tags: Common law, Law, Tort, Tort law]
1026 words (2.9 pages)
- Judicial Functions The judicial process basically involves a series on intertwined roles and procedures for resolving disputes through an authoritative individual or people whose decisions tend to be obeyed on a regular basis. The judicial process or functions also involve the use of administrative agencies, which were created to help the government in enacting the law in a simpler and more direct way than the legislature. Given the nature of their functions, administrative agencies do not necessarily adhere to the civil procedure established for courts and employ less formal means of pursuing their actions.... [tags: Law, Separation of powers, Administrative law]
1314 words (3.8 pages)
- The purpose of the literature review is to identify and highlight the important variables, and to document the significant findings from earlier research that will serve as the foundation on which the conceptual or theoretical framework for the current investigation can be based and the hypotheses developed (Cavana, Delahaye & Sekaran 2000). This stage is important to convince the reader that the researcher is knowledgeable about the problem area and has done the preliminary groundwork to conduct the research, and also that the conceptual framework will be built on the solid foundation of existing knowledge The literature review has emphasised on the importance of four major and common facto... [tags: Literature Review]
723 words (2.1 pages)
- Looking at the article Depoliticizing Administrative Law by Miles and Sunstein, we explore the problem of partisanship in appellate and Supreme Court reviews of agency decisions. The evidence abounds that judicial review of agency actions is highly politicized. Republican appointees are much more likely to invalidate liberal decisions while Democratic Appointees are just as likely to invalidate conservative decisions. If Judges are assigned to random three judge panels and the panel is inadvertently composed of an all Republican or an all Democrat panel then the decisions that come out of those panels can play a significant role in regulation decision making.... [tags: article analysis, summary, court reviews]
2172 words (6.2 pages)
- Literature Review INTRODUCTION It is of paramount consideration that social workers are conscious of, aware and sensitive to the cultural demands of their clientele. This is because culture is a pivotal factor upon which a great deal of conduct, norms, social connections and mindsets of clients revolve. For social workers there is need to understand and appreciate how cultural traditions influence relationships with a diverse panorama of client needs and demands.... [tags: Literature Review]
1904 words (5.4 pages)
- The basis of good character involves being respectful, honest, hardworking, responsible, caring, and understanding. Parents and teachers alike wish for their students to possess good character; but what does “character” mean in the realm of education; and whose responsibility is it to ensure that students do in fact develop good character. The Character Education Partnership (2003, pg. 1), defines good character as involving “understanding, caring about, and acting upon core ethical values”, and thus takes a holistic approach to the development of character in students by developing the “cognitive, emotional, and behavioral aspects of moral life.” Through character education, students can gr... [tags: Literature Review]
1320 words (3.8 pages)
- This literature review of twelve previously published research articles has focused on summarizing some of the effects of poverty on children. The selected articles all focused on the major effect of poverty on children, and were sorted into four sub-categories or themes based upon a specific focus areas of this complex and not yet fully understood issue. These themes included developmental, educational outcomes, health, and parenting effects, and how they were impacted by children living in poverty.... [tags: Literature Review]
1348 words (3.9 pages)
- Introduction Educators attempt to provide safe, nurturing environments where students can thrive. Any disturbance to this climate can have negative affects on students’ educational performances. Bullying is one such disruption. Unfortunately, physical and verbal abuse are nothing new in the school setting, however, the rise of technology in our country has created a new setting for bullies to target their victims. Cyberbulling, or the use of any number of technological means to harm or harass another, has become an increasingly prevalent occurrence, specifically among school-aged children (Campfield, 2006).... [tags: Literature Review ]
1237 words (3.5 pages)
- NATURAL JUSTICE <ol> <li value="1"> Natural justice concerns human rights e.g. a right to procedure <li value="2"> Denial of natural justice is a ground of review against an administrative decision: ADJR Act ss.5(1)(a), 5(1)(h)(3), 6(1)(a) and 6(1)(h)(3) => ss.5(1)(a) is a distinct and independent ground of review <li value="3"> Natural Justice usually applies to courts, and Procedural Fairness is the issue when extended to administrative bodies. </ol> Procedural fairness 1 The three rules: hearing rule, the bias rule and the no evidence rule.... [tags: Law]
6924 words (19.8 pages)