Publication Type
Journal Article
Version
acceptedVersion
Publication Date
1-2022
Abstract
Policies are of great practical importance in administrative governance. Yet, doctrinal and normative ambiguities remain in the law regulating the usage of administrative policies. Specifically, there exists a well-known tension between the rule against fettering and the legitimate expectations doctrine. Approaching this issue from a normative angle and drawing upon T.R.S. Allan’s reflections on the rule of law, the paper will argue that a unified legal approach governing the usage of administrative policies, premised on the normative objective of furthering the rule of law as the rule of reason, will go a significant way towards resolving this tension and addressing the doctrinal and normative ambiguities in this practically important area of law.
Keywords
Administrative decision-making, Fettering of discretion, Jurisprudence, Legitimate expectation, Rule of law, Administrative law
Discipline
Administrative Law | Public Law and Legal Theory
Research Areas
Public Law
Publication
Public Law
First Page
76
Last Page
94
ISSN
0033-3565
Publisher
Sweet and Maxwell
Citation
CHNG, Wei Yao, Kenny.
Reconsidering the legal regulation of the usage of administrative policies. (2022). Public Law. 76-94.
Available at: https://ink.library.smu.edu.sg/sol_research/3812
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.