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  • Essay / Literature review - Administrative law - 1185

    Literature reviewAdministrative law is the law relating to the exercise of powers by public authorities. This authority must have a legislative role or policies must be made through the legislative branch, it must understand that it has constitutional and judicial constraints and finally, it constitutes a buffer between the judicial branch and the executive branch of government. That being said, it must be emphasized that throughout the civil service, there is no written policy relating to the re-engagement of people; several precedents have been created, hence the legitimate expectations of the police. When a court carries out a judicial review, it can only look at the process in which the decision was made to ensure that all appropriate steps were taken. It can also determine whether the authority was fair in its decision only. If the court is satisfied that this was done, the person has no record. A review board can overturn an administrative decision if it is found to be unreasonable. Abuse of discretionary power occurs when an authority goes beyond its functions to make a decision. If this happens, the Court has an obligation to rule against this practice, because any organization, whether public or private, must act with its authority. Regarding the issue of refusal of retropayment to re-engaged officers, the author considers this to be an abuse of discretion on the part of the Government. This was determined on the basis that there was no consultation or compromise on the decision as it was simply rendered. The doctrine of legitimate expectation applies when a person seeks judicial review if they believe they have been deprived of something they thought was rightfully theirs. In order to determine ...... middle of article ......f Bangladesh: an assessment. " (2012). Dewhurst, Elaine and Ms Dafni Diliagka. "Raising the retirement age in Europe: the case for Legitimate Expectation. "Batts, Deborah A. "Refocusing the Remedies: In Search of Fairness in Enhanced Spouse-to-Other 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 to 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 February 14 2014