scholarly journals ‘Good administration’ and the ‘Good’: The normative foundation for the protection of legitimate expectations

2021 ◽  
pp. 147377952110188
Author(s):  
Kenny Chng
Keyword(s):  
Political Philosophy ◽  
Case Law ◽  
Normative Foundation ◽  
Central Argument ◽  
Legitimate Expectations ◽  
Normative Justification ◽  
Precise Content

An idea that has gained significant traction in both case law and academic commentary as a justification for the protection of legitimate expectations is the concept of ‘good administration’. Going beyond the usual criticisms of the concept’s ambiguity, this article aims to highlight an additional set of difficulties with the invocation of ‘good administration’ as the normative justification for the doctrine. This article’s central argument is that the concept of ‘good’ invoked by the idea of ‘good administration’ inevitably falls to be substantiated by a particular conception of what the ‘good’ requires as a matter of political philosophy. And given that there are multiple competing conceptions of what ‘good’ law and government are, this magnifies the challenges of coming to a landing on the precise content of ‘good administration’. This article will illustrate that the various formulations of the normative foundation of the doctrine track closely with four different conceptions of ‘good’ law and government and will explore the implications of this diagnosis for the formulation of the proper justification for the protection of legitimate expectations.

Systematicity and Normative Justification

2017 ◽  
Author(s):  
Kevin Thompson
Keyword(s):  
Political Philosophy ◽  
Unique Form ◽  
The Core ◽  
The Creation ◽  
Normative Justification ◽  
The Way

This chapter examines systematicity as a form of normative justification. Thompson’s contention is that the Hegelian commitment to fundamental presuppositionlessness and hence to methodological immanence, from which his distinctive conception of systematicity flows, is at the core of the unique form of normative justification that he employs in his political philosophy and that this is the only form of such justification that can successfully meet the skeptic’s challenge. Central to Thompson’s account is the distinction between systematicity and representation and the way in which this frames Hegel’s relationship to the traditional forms of justification and the creation of his own distinctive kind of normative argumentation.

Habermas on Rawls and the normative foundations of democracy

2021 ◽  
pp. 136843102098541
Author(s):  
Krzysztof Kędziora
Keyword(s):  
Political Philosophy ◽  
John Rawls ◽  
Political Liberalism ◽  
Point Of View ◽  
Veil Of Ignorance ◽  
Normative Foundation ◽  
Internal Relations ◽  
The Veil ◽  
Politics And Law ◽  
Normative Foundations

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy.

Diplomatic Protection: Taking Human Rights Extraterritorially

2007 ◽  
Vol 44 ◽  
pp. 299-352
Author(s):  
Noura Karazivan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
The United Kingdom ◽  
Current State ◽  
Diplomatic Protection ◽  
Human Rights Treaties ◽  
Legitimate Expectations ◽  
Jus Cogens ◽  
To Receive

SummaryThis article argues that states should have a limited obligation — and not only a privilege — to extend diplomatic protection to their nationals when they are facing violations of their most basic human rights abroad. The author addresses the current state of international law regarding diplomatic protection, with a focus on the International Law Commission's failed attempt to impose a duty on states to exercise protection in cases of jus cogens violations. A review of domestic case law, particularly in the United Kingdom, Canada, Germany, and South Africa, shows that while some courts recognize legitimate expectations to receive diplomatic protection, all are reluctant to exercise judicial review of a denial of diplomatic protection. The author nevertheless examines whether adherence to international human rights treaties could entail a positive obligation for states to exercise diplomatic protection in order to protect the human rights of their nationals that are ill-treated abroad.

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

The European Court of Human Rights and Removal of Long-term Migrants

2021 ◽  
pp. 159-174
Author(s):  
Başak Çalı ◽  
Stewart Cunningham
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Unique Position ◽  
European Court ◽  
Domestic Courts ◽  
Central Argument ◽  
The Right ◽  
Dual Commitment

This chapter analyses the general interpretative outlook of the European Court of Human Rights (ECtHR) on the rights of long-term migrants facing deportation. It shows that this outlook is strongly marked by recognising the primacy of state discretion in the field of migration policy, while at the same time ensuring that long-term migrants are given access to the protection of the Convention. The chapter then surveys the case law of the ECtHR related to the deportation of long-term migrants, identifying the factors that the Court employs in balancing its dual commitment to states and long-term migrants. The central argument of the chapter is that the Court’s approach to the right to stay of long-term migrants falls short of adequately recognising the unique position of long-term migrants and is unable to differentiate between those who have lived for lengthy periods in host states and any other category of alien in those states. The Court’s recent emphasis on principled deference to domestic courts in balancing the rights of long-term migrants and host states further undercuts any future progressive developments in the field of right to stay for long-term migrants.

scholarly journals Political Corruption and the Future of Nigerian Politics

2015 ◽  
Vol 4 (1) ◽  
pp. 178
Author(s):  
Adegboyega O. Oyekunle
Keyword(s):  
Political Philosophy ◽  
Political Corruption ◽  
The Political ◽  
Political Elites ◽  
Root Cause ◽  
Political Status ◽  
The Future ◽  
Critical Method ◽  
Central Argument

The purpose of this paper is to examine the effects of political corruption on the Nigerian society. It examines the future of the political status of Nigeria given the present experiences in the polity. The paper employs the analytic and critical method of philosophy, with a view to showing the influence of Machiavelli’s political philosophy on the Nigerian political elites. The central argument of this paper is that the interpretation of politics in the Machiavellian way, its adoption and practice by Nigerian political elites stand as the root cause of political corruption in the country.

Legitimate Expectations and Land

2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Margaret Moore
Keyword(s):  
Second Order ◽  
Central Argument ◽  
Legitimate Expectations

AbstractThis paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements.

scholarly journals La justificación normativa de la Renta Básica universal desde la filosofía política y el Derecho.

2019 ◽  
pp. 81-94
Author(s):  
Borja Barragué ◽  
Luis Arroyo Jiménez ◽  
Mª Celia Fernández Aller
Keyword(s):  
Political Philosophy ◽  
Social Justice ◽  
Basic Income ◽  
Panoramic View ◽  
Positive Law ◽  
Normative Justification ◽  
Domestic Law

This paper analyzes various reasons coming from political philosophy and positive law, which can justify the establishment of a universal basic income. First, a panoramic view of the normative justification of universal basic income is offered: three models that respond to many other conceptions of social justice are presented. The article then focuses on arguments that come from positive legislation (international, european and domestic law) and which can become relevant in the discussion about the establishment of a universal basic income and, precisely, about its strengths or weaknesses against other quite similar measures such as minimum insertion income.

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