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5 - The Expectation of Goodwill

Published online by Cambridge University Press:  08 February 2024

David Vitale
Affiliation:
University of Warwick
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Summary

This chapter addresses, as a first component of the proposed framework, the first constituent expectation of trust in the citizen-government relationship: goodwill. It defines the expectation as consisting of two sub-expectations: an expectation of procedural fairness – which includes elements of transparency, citizen participation and respect for citizens’ right to equality – and an ‘expectation of good intentions’, which translates into an expectation that the elected branches’ staff will not act intransigently in exercising their control over social goods and services. The chapter also details how the courts can enforce the expectation. It explains that for this component, the courts, first, demand a fair decision-making procedure from the elected branches, and, secondly, respond to government intransigence by escalating to progressively less trusting judicial interventions. The chapter uses cases from various jurisdictions, including Canada, Colombia, Germany, Kenya, South Africa and the UK, to illustrate.

Type
Chapter
Information
Trust, Courts and Social Rights
A Trust-Based Framework for Social Rights Enforcement
, pp. 127 - 166
Publisher: Cambridge University Press
Print publication year: 2024

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  • The Expectation of Goodwill
  • David Vitale, University of Warwick
  • Book: Trust, Courts and Social Rights
  • Online publication: 08 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009089654.006
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  • The Expectation of Goodwill
  • David Vitale, University of Warwick
  • Book: Trust, Courts and Social Rights
  • Online publication: 08 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009089654.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Expectation of Goodwill
  • David Vitale, University of Warwick
  • Book: Trust, Courts and Social Rights
  • Online publication: 08 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009089654.006
Available formats
×