LEGITIMATE EXPECTATIONS IN ADMINISTRATIVE LAW
The doctrine of legitimate expectationwas first developed in English lawas a ground of judicial review in administrative lawto protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.
Legitimate expectation - Wikipedia
Was this helpful?People also askWhat is legitimate expectations?What is legitimate expectations?A procedural legitimate expectation is created when a representation is made by a public authority that it will follow a certain procedure before making a decision on the substantive merits of a particular case. Examples of procedural legitimate expectations include an expectation to be consulted and to a fair hearing.Legitimate expectation - WikipediaSee all results for this questionWhat is the doctrine of legitimate expectation?What is the doctrine of legitimate expectation?Thedoctrineoflegitimateexpectationwas first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.Legitimate expectation - WikipediaSee all results for this questionShould the doctrine of legitimate expectations apply to substantive rights?Should the doctrine of legitimate expectations apply to substantive rights?The doctrine of legitimate expectations very well leads to a procedural right i.e. right to judicial review in India but the substantive aspect of the doctrine can be said to be in a budding stage. There has been hesitance amongst academicians as to whether the doctrine should apply to substantive rights at all.Doctrine of Legitimate Expectations under the Administrative LawSee all results for this questionWhat is procedural legitimate expectation?What is procedural legitimate expectation?A procedural legitimate expectation rests on the presumption that a public authority will follow a certain procedure in advance of a decision being taken, while a substantive legitimate expectation arises where an authority makes a lawful representation that an individual will receive or continue to receive some kind of substantive benefit.Legitimate expectation - WikipediaSee all results for this questionFeedback
Legitimate expectation - Wikipedia
The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.OverviewIntroductionWhen does an expectation become legitimate?Procedural legitimate expectationsSubstantive legitimate expectationsRemediesLegitimate expectations in other jurisdictions It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power. The courts of the United Kingdom have recognized both procedural and substantive legitimate expectations. A procedural legitimate expectation rests on the presumption that a public authorNew content will be added above the current area of focus upon selection It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power. The courts of the United Kingdom have recognized both procedural and substantive legitimate expectations. A procedural legitimate expectation rests on the presumption that a public authority will follow a certain procedure in advance of a decision being taken, while a substantive legitimate expectation arises where an authority makes a lawful representation that an individual will receive or continue to receive some kind of substantive benefit. In determining a claim for an alleged breach of a legitimate expectation, a court will deliberate over three key considerations: 1. whether a legitimate expectation has arisen;2. whether it would be unlawful for the authority to frustrate such an expectation; and3. if it is found that the authority has done so, what remedies are available to the aggrieved person.Procedural legitimate expectations have been recognized in a number of common law jurisdictions. In contrast, notwithstanding their acceptance and protection in the UK, substantive legitimate expectations have not been universally recognized. For instance, they have been given effect in Singapore but not in Australia. Wikipedia · Text under CC-BY-SA license
Legitimate Expectations in Administrative Law - Oxford
The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. This book provides a detailed, comparative, and critical analysis of that notion.
Legitimate Expectations in Administrative Law - Søren
This book offers a detailed, comparative, and critical analysis of the notion of `legitimate expectations' in administrative law. It sets out the moral justification for protection of expectations and examines how procedural and substantive principles of administrative law--as well as principles of tort liability--contribute to their protection in English, French, and EC law.
Legitimate Expectation in Administrative Law - Go To Court
What is a legitimate expectation? Legitimate expectations can be created in a range of ways, including through public policies, public statements and by the adoption of regular practices. A legitimate expectation can be disappointed where a government agent acts in breach of a policy or fails to apply a policy or to follow a procedure.Phone: 1300 636 846[PDF]
The Doctrine of Legitimate Expectations and the
the research on due protection of legitimate expectations in administrative law has 1 For the influence of German Law, see: Georg Nolte ‘General Principles of German and European Administrative Law: A Comparison in Historical Perspective’ 57 M.L.R. 191, 195 and 203 (1994).
Legitimate Expectation - Law Schools
The doctrine of legitimate expectation operates as a control over the exercise of discretionary powers conferred upon a public authority. The typical reason why discretionary powers are conferred upon a public authority is to ensure that they are exercised having due regard to the particular circumstances of individual cases coming before the decision-maker – ie in circumstances where
legitimate expectations - Paul Daly | Administrative Law
Oral Hearings, Credibility and Legitimate Expectations: WZARH v Minister for Immigration and Border Protection  FCAFC 137 Paul Daly November 3, 2014 Administrative law Matthew Groves passes on a very interesting decision from the Full Court of the Federal Court of Australia: WZARH v Minister for Immigration and Border Protection [2014
Law Wales - What is the doctrine of 'legitimate expectation'?
The doctrine of legitimate expectation is one of the Court’s controls over the exercise of a decision-maker’s powers. The general principle is that the Court will intervene to prevent a decision-maker from making a particular decision (or will quash a decision that is already made) where the decision-maker’s prior actions or inactions would make it unfair for that decision to stand (R (on the application of Bhatt
Doctrine of Legitimate Expectation under the Indian law
IntroductionThe Doctrine of Legitimate ExpectationOrigin of Doctrine of Legitimate ExpectationsCase SurveyCircumstances For The Formation of Legitimate ExpectationArticle 14 and Legitimate ExpectationConclusionReferences“A man should keep his words. All the more so when the promise is not a bare promise but is made with the intention that the other party should act upon it”Administrative Law is overarching in nature and it is difficult to categorize its multiple functions in watertight compartments. Consequently, multiple principles and doctrines have been formulated to ensure proper functioning of the administration.See more on blogadersAuthor: Shreyanshi Maheshwari
Concept of Legitimate Expectation - Law Teacher
Apr 17, 2019The doctrine of legitimate expectation has two aspects: procedural as well as substantive. In Schimdt, Lord Denning introduced procedural legitimate expectation particularly with reference to the application of principles of natural justice to administrative action and it is now well established in India. Principles of natural justice will apply to administrative actions when there has 4.3/5
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