Reconsidering the legal regulation of the usage of administrative policies
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 doct...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2022
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/3812 https://ink.library.smu.edu.sg/context/sol_research/article/5770/viewcontent/Reconsidering_the_legal_regulation_of_the_usage_of_administrative_policies_av.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | 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. |
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