Literature Review- Administrative Law

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