Sümer, Nuray

The “travail” of the recognition of the legitimate expectation doctrine is built upon its paradigm in this study. Hereunder, the legitimate expectation paradigm is based upon the dichotomy between the discretion of power and legitimate expectations. Anglo-Sakson common law world seeks to assess this complex dichotomy by means of Wednesbury unreasonableness and proportionality test applied for the judicial review of the discretion of power for now. However, it is pointed out that the clear distinction of the legitimate expectation doctrine shall eventually separate from these tests and apply per se under the definition of legitimate expectation or another-called tests. This is because these two tests do not propose efficient judicial review in assessing the “grey zone” created by public interest in public law.

Sümer, Nuray; Ginsburg, Tom; Sumer, Gokhan

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