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

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.