Expecting the right thing: The imperative for recognising substantive legitimate expectations in Singapore

Recognition of a legitimate expectation for a substantive benefit has long been fraught with controversy both within jurisdictions that do and do not adopt the doctrine. This article seeks to assess the validity and utility of the doctrine of substantive legitimate expectations as it has developed i...

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Bibliographic Details
Main Authors: SHAIK, Siraj Aziz, Sui, Yi Siong
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2012
Subjects:
Online Access:https://ink.library.smu.edu.sg/sol_aprl/24
https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1022&context=sol_aprl
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Institution: Singapore Management University
Language: English
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Summary:Recognition of a legitimate expectation for a substantive benefit has long been fraught with controversy both within jurisdictions that do and do not adopt the doctrine. This article seeks to assess the validity and utility of the doctrine of substantive legitimate expectations as it has developed in common law jurisdictions and extrapolate a conclusion which would be of guidance as to what the Singapore position on the doctrine ought to be. This article argues that on balance the doctrine of substantive legitimate expectations is a welcome addition to the landscape of administrative law in Singapore, and that the seminal case of Abdul Nasir bin Amer Hamsah v. Public Prosecutor has paved the way for its application even though the dearth of subsequent case law has rendered its manifestation uncertain.