Promisee’s Right to Bound Public Authorities to Their Promise: The Debate between the Doctrine of Estoppel and Legitimate Expectation

Abstract

It is common place that public authorities sometimes give assurance to individual or group of citizen such as postponing development project, relocation, provision of benefits etc. As public administrative does not exist only to serves the interest of the representee, the rights and interest of others must be considered as well. Hence the ability of representee to enforce promises made by the authorities denotes administrative consistency and trust for the government. Traditionally, the representor is prevented by the private law doctrine of estoppel from resiling. However, the principle has gradually shifted towards collectivism. This essay revisit the principle behind the traditional doctrine and the current principle of legitimate expectation. In view of gradual acceptance of the latter, this essay discusses the viability of abolishing the traditional doctrine and the possible effect to future claims.

Keywords: Law, Public Administration, estoppel, legitimate expectation


Article Review Status: Published

Pages: 15-23 (Download PDF)

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