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  • 标题:Rethinking the Doctrine of Legitimate Expectations in Canadian Administrative Law
  • 本地全文:下载
  • 作者:Wright, David
  • 期刊名称:Osgoode Hall Law Journal
  • 印刷版ISSN:0030-6185
  • 出版年度:1997
  • 卷号:35
  • 期号:1
  • 页码:139-194
  • 出版社:Osgoode Hall Law School of York University
  • 摘要:The author examines recent cases that have transplanted the doctrine of legitimate expectations from British into Canadian law. He concludes that the doctrine has been applied in a confused way in this country, without proper consideration of its "fit" with the Canadian duty of fairness. He argues that the place of the doctrine should be to determine what fairness requires when statements or actions of a decisionmaker have led to a legitimate expectation. The suggestion that it should be an exception to the rule that legislative decisions do not attract the duty of fairness is rejected in favour of a broader concept that focuses on the nature of the interest and political power of the person or group affected.
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