A Theory of Legitimate Expectations for Public Administration

Bibliographic Data

ID20030909
AuthorsAlexander Brown (0000-0002-3945-7337, corresponding author)
Year2018
Pages240
Publication date2018-01-18
Open AccessNo
TypeBOOK
VenueTheory of Legitimate Expectations for Public Administration (SOURCE_BOOK)
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/oso/9780198812753.001.0001
OpenAlexW2768328323
ISBN9780198812753
Open LibraryOL30591674M
LanguageEN
Citations received7

In this book Alexander Brown addresses the fundamental terms of our relationship to governmental administrative agencies, and whether they should have unfettered discretion over administrative policies and measures. In doing so he develops a new theory of legitimate expectations for public administration based on answers to the following questions. First, what makes expectations legitimate? Second, what principles of administrative justice should govern the conduct of governmental administrative agencies in relation to legitimate expectations? Third, what normatively supports or grounds these principles of administrative justice? In answer to the first question Brown proposes a new Responsibility-Based Account which focuses on the normatively salient issue of whether or not governmental administrative agencies were responsible for creating the relevant expectations, allied to assuming a role responsibility for making the relevant decisions. In answer to the second, he introduces three such principles: the Legitimate Expectations Principle, the Liability Precept, and the Secondary Duties Principle. According to these principles, governmental administrative agencies have prima facie obligations to honour expectations they create and should be liable for damage and loss they directly cause by creating and then frustrating legitimate expectations. Moreover, if governmental administrative agencies are unable or unwilling to pay adequate compensation, then other public bodies, which have the capacity, have a secondary duty to intervene to ensure that administrative justice is served. Finally, he adopts a pluralistic approach to normatively grounding his conception of administrative justice for the management of legitimate expectations, drawing on a range of both consequentialist considerations and deontological norms

Administrative law · Discretion · Duty · Economic Justice · Law and economics · Liability · Political science · Precept · Prima facie · Sociology · Judicial and Constitutional Studies · Law · Legal principles and applications · Ombudsman and Human Rights · Public Administration · Public administration

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