Literature Review
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...
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...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
The push for Congress to pass legislation protecting the rights of employees and their retirement was inevitable. Retirement plans are extremely important for all working individuals. Having funds to keep or exceed ones current standard of living and to enjoy one’s life beyond expectations after retire...
Gunther, G. (1991). Constitutional Law. Twelfth Edition. New York: The Foundation Press, Inc. pp. 1154-1161.
Public law : Cases, materials, and commentary In Forcese C. (Ed.), . Toronto: Toronto : Emond Montgomery Publications, 2006.
Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ,
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
America”. The Georgetown Law Journal. 80.95 (1991): 95-129. Georgetown Law Library. Web. 16 Jun 2014
The Avalon Project at the Yale Law School. Ed. Fray, William C. April 2000. Yale University. 1 May 2000. (http://www.yale.edu/lawweb/avalon/wilson14.html)
Twomey, D. (2013). Anderson's Business Law and the Legal Environment, Comprehensive Volume [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.southuniversity.edu/books/9781285696683/id/L35-1-7
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
H W R Wade ‘The Basis of Legal Sovereignty’ (1995) 172 Cambridge Law Journal 186.
The law of contract in many legal systems requires that parties should act in good faith. English law refuses to impose such a general doctrine of good faith in the field of contract law. However, despite not recognizing the principle, English contract law is still influenced by notions of good faith. As Lord Bingham affirmed, the law has developed numerous piecemeal solutions in response to problems of unfairness. This essay will seek to examine the current and future state of good faith in English contract law.
Lord Denning described estoppel succinctly as ‘a principle of justice and equity. It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so’ . Proprietary estoppel in turn is an informal method by which proprietary rights can arise. It can provide a defence to an action by a landowner who seeks to enforce his strict rights against someone who has been informally promised some right or liberty over the land. In turn it can be used as a defence or a cause of action. In order to show how the two doctrines are quite similar, a description of the elements of proprie...
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
Amato, P. R. (2000). The consequences of divorce for adults and children. Journal of Marriage and Family, 62(4), 1269-1287.
Defense." Southern Illinois University Law Journal 30.(2006): 533-571. OmniFile Full Text Select (H.W. Wilson). Web. 2 Apr. 2014.