Reflections on the Application of Legitimate Expectation Principle in Administrative Court of Justice

Abstract

Due to changing nature of the relationship between public officials and;
citizens in recent years, vast optional discretions have been accorded to;
administrative officials and “administrative decisions and announcements”;
resulting from those discretions constitute elements which are used by;
citizens in making personal and social plans. However, new measures taken;
by public officials are sometimes different from and even at odds with;
personal expectations which arise from the past public decisions and;
announcements. Under these conditions, legal support for “legitimate;
expectations” of citizens is a requisite of “fairness” and maintaining “public;
trust” in public administration. The principle of legitimate expectation, as;
one of the basic principles used to maintain judicial control over;
administrative measures of government through administrative courts, uses;
a combination of supporting and compensatory mechanisms to meet;
demands and expectations of citizens. Review of some cases which have;
been heard in the Administrative Court of Law shows that after some;
amendments, it is possible to accept and apply this principle in the;
administrative legal system of Iran. Therefore, introducing theoretical;
framework of this principle will not only add a new concept to terminology;
of domestic public law and improve administrative procedure, but will also;
lead to better social welfare of the citizens.

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