Literature Review- Administrative Law

1175 Words 5 Pages
Literature Review

Administrative Law is the law regarding the exercise of powers by public authorities. That authority must have a legislative role or the policies must be developed through the legislature, it must understand that it has constitutional and judicial constraints and finally it is a buffer between the judicial and the executive branch of government. With that being said it must be stated that in the entire public service no written policy on the re-enlistment of persons exists, however; there are several precedents that has been set hence, the legitimate expectations of police officers.
When a Court conducts a judicial review it can only look at the process in which the decision was made to ensure that all the proper steps
…show more content…
This may be the case if a person was promised something, if there is a practice or a policy adopted or if precedent has been set in a similar situation. When a person has legitimate expectation and it is not forthcoming it then gives the person the locus standi to challenge the administrative decision as illegal thus a person can seek judicial review.
The doctrine of legitimate expectation as states that if a policy exist, that does not means that it cannot be changed. In the recent High Court decision in Glenkerrin Homes v. Dun Laoghaire Rathdown County Council (2007)27 Mr. Justice Clarke stated as follows the executive enjoys a constitutional entitlement to change policy Subject only to the overall requirement that whatever policies are adopted must be consistent with their statutory role as defined. It is clear, therefore, that a legitimate expectation cannot arise to the effect that a policy will not be changed. Based on this, the current re-enlistment policy can easily be amended to reflect the current policy that the wider public service practices.
In 1980, the Florida Supreme Court decided Canakaris v. Canakaris, which should be read to clarify, once and for all, what Justice Anstead has considered case law in a “hopeless state of confusion.” In Canakaris, the Supreme Court stated:
In reviewing a true discretionary act, the appellate court must fully recognize the superior vantage point of the trial judge and should apply the “reasonableness” test to
Open Document