Promisee’s right to bind public authorities to their promise: the debate between the doctrine of Estoppel and legitimate expectation

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Abstract

It is common place that public authorities sometimes give assurance to individual or group of citizen such as postponing development project, relocation, provision of benefits etc. As public administrative does not exist only to serves the interest
of the representee, the rights and interest of others must be considered as well. Hence the ability of representee to enforce promises made by the authorities denotes administrative consistency and trust for the government. Traditionally, the representor is prevented by the private law doctrine of estoppel from resiling. However, the principle has gradually shifted towards collectivism. This essay revisit the principle behind the traditional doctrine and the current principle of legitimate expectation. In view of gradual acceptance of the latter, this essay discusses the viability of abolishing the traditional doctrine and the possible
effect to future claims.
Original languageEnglish
Pages (from-to)15-23
Number of pages9
JournalGlobal Journal of Politics and Law Research
Volume3
Issue number5
Publication statusPublished - Sep 2015

Keywords

  • estoppel
  • law
  • legitimate expectation
  • public administration

ASJC Scopus subject areas

  • Social Sciences(all)

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