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A Theory of Legitimate Expectations for Public Administration$
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Alexander Brown

Print publication date: 2017

Print ISBN-13: 9780198812753

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780198812753.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 November 2019

On the Nature and Implementation of Administrative Liability

On the Nature and Implementation of Administrative Liability

Chapter:
(p.122) 5 On the Nature and Implementation of Administrative Liability
Source:
A Theory of Legitimate Expectations for Public Administration
Author(s):

Alexander Brown

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198812753.003.0005

Section I clarifies what ‘adequate compensation’ means in the context of the Liability Precept by appealing to the idea of special compensation. Section II tries to motivate why this level of compensation is more fitting than a lower level of compensation, whereas Section III attempts to explain why this level of compensation is more fitting than a higher level of compensation. Section IV investigates if there are any circumstances in which expectation holders should not be entitled to 100 per cent of special compensation by virtue of their own conduct. Finally, Section V explores the issue of implementation and considers the advantages and disadvantages of a range of implementation strategies.

Keywords:   legitimate expectations, liability, compensation, reliance interests, losses, implementation

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