The Doctrine of Legitimate Expectation & Proportionality: A Public Law Principle Adopted into the Private Law of Employment

This article examines the possible adoption of the public law principles of ‘legitimate expectation’ and the standard of ‘proportionality’ as the appropriate and cohesive legal approach to voluntary promises that are normally found in ostensibly non-contractual documents. The article argues that, allowing a further development into the principle of legitimate expectation, which has already been adopted in employment relations as a further development of the implied duty of trust and confidence, could enhance the courts’ approach to the issue of voluntary promises and avoid the unsatisfactory contractual solution that appears to produce inconsistent results. Giving particular consideration to the courts’ application of the proportionality test, thereby recognises an employee’s hierarchy of interests, when seeking to justify an employer’s decision, this article assesses how the influence of the proportionality standard can, and should, offer a more satisfactory solution when applied to resolving disputes.     

Whistleblowing Around the World Law,Culture & Practice

International humanitarian law (IHL) is a field in constant evolution and the International Committee of the Red Cross works closely with states to assist them in complying with their international treaty obligations. The present update provides an overview of the main developments that have taken place in IHL, with a particular focus on Commonwealth states.     

农民、就业与法律父爱主义——以《就业促进法》为例

在现代化转型的大背景下,农民就业成为涉及全局的大问题,也是相关立法必须解决的难题。如果立法中的规定强调政府主导而不注重权利保护,就可能导致法律父爱主义的倾向。《就业促进法》浓厚的法律父爱主义色彩埋下了政府裁量权过大、农民就业权受侵蚀等隐患。为此,应彰显农民的就业权利和自由,以理性、确定和比例三原则来规制政府行为,淡化甚至褪去立法的父爱主义色彩,走出价值悖论的迷宫,使该法善始善终,最终实现其促进就业的目的。