Good Faith in Public Law

8 Pages Posted: 15 Jun 2015

See all articles by Gabriela Shalev

Gabriela Shalev

Ono Academic College Faculty of Law; Hebrew University of Jerusalem - Faculty of Law

Date Written: 1983

Abstract

The duty of a public authority to act in good faith towards the citizen is unquestioned. The State, its authorities and its employees are trustees of the public, and as such they are obligated to treat the citizen fairly and in good faith, and to refrain from behaving arbitrarily towards him. The duty to act in good faith applies to the public authorities at all times, in all places, in every capacity in which it acts - whether as sovereign or fiscus - and in every sphere of its activity, whether private or public. But while there is no doubt concerning the actual existence of the authority's duty to act in good faith, questions concerning the nature, scope and analytical source of the duty may arise. It is this last question, that of the source of the duty, that confronted the Supreme Court in the Lugasi case.

Keywords: public authority, duties, good faith, fiscus, Lugasi, Supreme Court

Suggested Citation

Shalev, Gabriela, Good Faith in Public Law (1983). 18 Isr. L. Rev. 127 (1983) , Hebrew University of Jerusalem Legal Research Paper, Available at SSRN: https://ssrn.com/abstract=2618048

Gabriela Shalev (Contact Author)

Ono Academic College Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

Hebrew University of Jerusalem - Faculty of Law

Mount Scopus
Mount Scopus, IL 91905
Israel

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