Legitimate Expectations and Land

2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Margaret Moore

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.

Author(s):  
Abraham L. Newman ◽  
Elliot Posner

Chapter 2 is a detailed development of the book’s central argument that emphasizes soft law’s second-order consequences, including the way it disrupts the politics of economic governance. The chapter provides a clear and parsimonious definition of soft law: written advisory prescriptions. It reviews existing literature, which has often centered on soft law’s ability to solve governance problems at a given moment in time and focused on issues surrounding compliance. The chapter then turns to the book’s main argument, outlining the logic behind two important temporal mechanisms of political disruption: legitimacy claims and arena expansion. This theoretical chapter thus sets up the key concepts and propositions used in the following empirical chapters, detailing the specific ways that soft law, as a political institution, transforms politics over time.


2021 ◽  
pp. 147377952110188
Author(s):  
Kenny Chng

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.


Author(s):  
W. L. Bell

Disappearance voltages for second order reflections can be determined experimentally in a variety of ways. The more subjective methods, such as Kikuchi line disappearance and bend contour imaging, involve comparing a series of diffraction patterns or micrographs taken at intervals throughout the disappearance range and selecting that voltage which gives the strongest disappearance effect. The estimated accuracies of these methods are both to within 10 kV, or about 2-4%, of the true disappearance voltage, which is quite sufficient for using these voltages in further calculations. However, it is the necessity of determining this information by comparisons of exposed plates rather than while operating the microscope that detracts from the immediate usefulness of these methods if there is reason to perform experiments at an unknown disappearance voltage.The convergent beam technique for determining the disappearance voltage has been found to be a highly objective method when it is applicable, i.e. when reasonable crystal perfection exists and an area of uniform thickness can be found. The criterion for determining this voltage is that the central maximum disappear from the rocking curve for the second order spot.


1996 ◽  
Vol 43 (9) ◽  
pp. 1765-1771 ◽  
Author(s):  
M. W. HAMILTON and D. S. ELLIOTT

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