Good Faith in Public Law
18 Isr. L. Rev. 127 (1983)
8 Pages Posted: 15 Jun 2015
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: Suggested Citation