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Essay / Should we authorize the re-enlistment of police officers?
Legal Issue Arising from ContextAs the issue of police reenlistment raises several legal issues, this article will assess the extent to which the doctrine of legitimate expectation can be used to ensure that both parties are satisfied. One of the most glaring legal issues that arises from the context of this article is the legitimate expectation of police officers who received letters stating that their salaries were not in fact accurate until they were re-enlisted and that their salaries would have been adjusted accordingly. , However; to date, this has not been completed. It would seem that on this basis, a certain expectation was created. The notion of legitimate expectation was conceived as a procedural matter, as indicated in the case of Schmidt v. Home Secretary [1969] 2 CH 149, in this case. In this case, American Scientology students residing in the United Kingdom requested an extension of their stay, but this was refused because the government opposed Scientology. It was argued that the government had acted unreasonably in refusing the request. Lord Denning suggested that it depended on whether the person had a legitimate right, interest or expectation of which it would not have been fair to deprive them without hearing what they had to say. In the case of Council for Civil Service Unions v. Minister for Civil Service [1985] AC 374, at page 401. Lord Fraser said: "A legitimate expectation may arise either from an express promise given or on behalf of a public authority, or from the existence of a regular practice which the applicant can reasonably be expected to continue. “In the case of Kent Garment Factory v. Attorney General of Guyana 46 WIR 176, the appellants were clothing...... middle of paper ......tions of service for all police officers, from constables to sergeant. Based on the above policy, it is clear that the Commissioner has the discretion to determine the position and salary of these re-enlisted officers from the rank of Constable up to that of Sergeant. According to administrative law, no one can have such powers which cannot be questioned. officers have the right to question the commissioner's autonomy regarding re-enlistment practices and principles. In the case of Hafizul Islam (Md.) v. Government of Bangladesh and others (2002), Justice Amirul Kabir Chowdhury stated that - “the legitimate expectation of being enforceable must have a legal basis. Mere wishful thinking without legal basis is not viable in the eyes of the law. When government action is considered fairly and motivated, it cannot be invalidated.”