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

Copyright Owner and License

Authors

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