Abstract: In contemporary constitutionalism, the principle of legitimate expectation gives the administration proceedings a new parameter of assessment of the subjective legal positions. Its main core is the principle of good faith and it makes the certainty of rights a limit to the free definition of public interest. However, an administrative authority, although it has evaluated that a legitimate expectation was formed in a reasonable way, will have to compare it with the other interests at stake. Hence the different application of legitimate expectations in administrative law of various legal systems, especially with reference to cases concerning the withdrawal of documents.
Legitimate expectations and new tendencies in comparative law
Maddalena Zinzi
2018
Abstract
Abstract: In contemporary constitutionalism, the principle of legitimate expectation gives the administration proceedings a new parameter of assessment of the subjective legal positions. Its main core is the principle of good faith and it makes the certainty of rights a limit to the free definition of public interest. However, an administrative authority, although it has evaluated that a legitimate expectation was formed in a reasonable way, will have to compare it with the other interests at stake. Hence the different application of legitimate expectations in administrative law of various legal systems, especially with reference to cases concerning the withdrawal of documents.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
