Legitimate Expectations In Administrative Law

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Legitimate Expectations in Administrative Law

Author : Søren J. Schønberg
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198299479
Total Pages : 270 pages
Book Rating : 4.2/5 (994 download)

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Book Synopsis Legitimate Expectations in Administrative Law by : Søren J. Schønberg

Download or read book Legitimate Expectations in Administrative Law written by Søren J. Schønberg and published by Oxford University Press on Demand. This book was released on 2000 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. 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. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.

Legitimate Expectations and Proportionality in Administrative Law

Author : Robert Thomas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311180
Total Pages : 146 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Legitimate Expectations and Proportionality in Administrative Law by : Robert Thomas

Download or read book Legitimate Expectations and Proportionality in Administrative Law written by Robert Thomas and published by Bloomsbury Publishing. This book was released on 2000-08-18 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.

Legitimate Expectations and Proportionality in Administrative Law

Author : Robert Thomas
Publisher : Hart Publishing
ISBN 13 : 1841130869
Total Pages : 146 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Legitimate Expectations and Proportionality in Administrative Law by : Robert Thomas

Download or read book Legitimate Expectations and Proportionality in Administrative Law written by Robert Thomas and published by Hart Publishing. This book was released on 2000-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.

A Theory of Legitimate Expectations for Public Administration

Author : Alexander Brown
Publisher : Oxford University Press
ISBN 13 : 0192545558
Total Pages : 241 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis A Theory of Legitimate Expectations for Public Administration by : Alexander Brown

Download or read book A Theory of Legitimate Expectations for Public Administration written by Alexander Brown and published by Oxford University Press. This book was released on 2017-11-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.

Evolution and Application of the Doctrine of Legitimate Expectation in Administrative Law

Author : Apoorwa Nanayakkara
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)

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Book Synopsis Evolution and Application of the Doctrine of Legitimate Expectation in Administrative Law by : Apoorwa Nanayakkara

Download or read book Evolution and Application of the Doctrine of Legitimate Expectation in Administrative Law written by Apoorwa Nanayakkara and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article delves into the evolution and application of the doctrine of legitimate expectation in administrative law, exploring its fundamental principles and implications. The concept of legitimate expectation has emerged as a vital bridge between the Rule of Estoppel and the Principle of Administrative Fairness, serving to safeguard individuals against arbitrary exercise of power by state agencies. Further examines the theoretical underpinnings of legitimate expectation, its procedural and substantive aspects, and its significance in ensuring good governance. Through an analysis of key cases from different jurisdictions, including Sri Lanka, the article evaluates the development of the doctrine and its interplay with principles of natural justice and equality. The article also discusses the challenges and ambiguities faced in distinguishing between procedural and substantive legitimate expectations. Overall, it highlights the importance of maintaining a delicate balance between protecting legitimate expectations and prioritizing the public interest, while emphasizing the evolving nature of this doctrine within the realm of administrative law.

The Protection of Legitimate Expectations in Administrative Law

Author : Anneken Kari Sperr
Publisher : Hart Publishing
ISBN 13 : 9781849465410
Total Pages : 480 pages
Book Rating : 4.4/5 (654 download)

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Book Synopsis The Protection of Legitimate Expectations in Administrative Law by : Anneken Kari Sperr

Download or read book The Protection of Legitimate Expectations in Administrative Law written by Anneken Kari Sperr and published by Hart Publishing. This book was released on 2021-03-11 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of legitimate expectations appears to be a key concept of administrative law in Europe; it defines the legal position of the individual vis-à-vis the public authorities and is, thus, a gateway for constitutional considerations in administrative law. This book presents the results of a comparative research project dealing with the question if, to what extent, and in which ways the legitimate expectations of private parties are considered in procedures leading to a primary administrative decision and, where available, in subsequent review procedures before administrative, judicial or quasi-judicial bodies. Furthermore, the project examines if, and to what extent, European and national legal orders, as well as international legal regimes, guarantee compensation in cases where provisions concerning the protection of legitimate expectations have been disregarded. The contributions to the book, including surveys of the theoretical and philosophical background, country reports and comparative analyses, are written by scholars from 16 European countries, giving an insight into the various legal systems, their understanding of, and their methods of interpreting and applying, administrative law.

Legitimate Expectations in the Common Law World

Author : Matthew Groves
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909508
Total Pages : 536 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Legitimate Expectations in the Common Law World by : Matthew Groves

Download or read book Legitimate Expectations in the Common Law World written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

Understanding Administrative Law in the Common Law World

Author : Paul Daly
Publisher : Oxford University Press
ISBN 13 : 0192896911
Total Pages : 321 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Understanding Administrative Law in the Common Law World by : Paul Daly

Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Protection of Legitimate Expectations in Investment Treaty Arbitration

Author : Teerawat Wongkaew
Publisher : Cambridge University Press
ISBN 13 : 1108474284
Total Pages : 309 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Protection of Legitimate Expectations in Investment Treaty Arbitration by : Teerawat Wongkaew

Download or read book Protection of Legitimate Expectations in Investment Treaty Arbitration written by Teerawat Wongkaew and published by Cambridge University Press. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration

The Emerging Principle of Legitimate Expectations in Administrative Law

Author : J. Beatson
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (22 download)

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Book Synopsis The Emerging Principle of Legitimate Expectations in Administrative Law by : J. Beatson

Download or read book The Emerging Principle of Legitimate Expectations in Administrative Law written by J. Beatson and published by . This book was released on 1988* with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commonwealth Caribbean Administrative Law

Author : Eddy David Ventose
Publisher : Routledge
ISBN 13 : 0415538734
Total Pages : 501 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Commonwealth Caribbean Administrative Law by : Eddy David Ventose

Download or read book Commonwealth Caribbean Administrative Law written by Eddy David Ventose and published by Routledge. This book was released on 2013 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. The text considers the administrative machinery of Caribbean States, Parliament, the Executive and the Judiciary, and examines the basis for judicial review of executive and administrative action in the Caribbean. The book will also examine how the courts on the Commonwealth Cariibeen have sought to define principles of administrative law.

Textbook on Administrative Law

Author : Peter Leyland
Publisher : Oxford University Press, USA
ISBN 13 : 0199601666
Total Pages : 545 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Textbook on Administrative Law by : Peter Leyland

Download or read book Textbook on Administrative Law written by Peter Leyland and published by Oxford University Press, USA. This book was released on 2013 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.

Actions Against Public Officials

Author : Richard Moules
Publisher :
ISBN 13 : 9781847036353
Total Pages : 423 pages
Book Rating : 4.0/5 (363 download)

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Book Synopsis Actions Against Public Officials by : Richard Moules

Download or read book Actions Against Public Officials written by Richard Moules and published by . This book was released on 2009 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book will be a comprehensive guide to the law relating to legitimate expectations, misstatements, mistakes and misconduct by public officials. The unifying theme is the quality of administration by public officials, with particular focus on liability in relation to their advice, statements and representations

The Europeanisation of the Law on Legitimate Expectations

Author : Esther Drabkin-Reiter
Publisher :
ISBN 13 :
Total Pages : 87 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis The Europeanisation of the Law on Legitimate Expectations by : Esther Drabkin-Reiter

Download or read book The Europeanisation of the Law on Legitimate Expectations written by Esther Drabkin-Reiter and published by . This book was released on 2016 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis considers the Europeanisation of English administrative law, in the specific context of the principle of protection of legitimate expectations. It assesses whether, how and to what extent the way in which the way in which legitimate expectations are protected in EU law has influenced the protection of legitimate expectations in English law. To make this assessment, a thorough analysis is conducted of case law in both jurisdictions. The thesis is structured into five main Chapters. Chapter A provides an introduction and looks at some general issues surrounding the concept of legitimate expectation, including which expectations are protectable and what is meant by legitimacy. Chapter B traces the development of the protection of legitimate expectations in English and EU law, and considers certain particular features in more detail for each jurisdiction, with the aim of establishing some parameters against which more recent case law can be tested and compared. In Chapter C an in-depth analysis of recent case law of the English courts, both falling within and outside the scope of EU law, is undertaken, and comparisons are drawn between these cases and with the traditional position of EU law on the protection of legitimate expectations. Chapter D contains a similar analysis in respect of recent cases of the Court of Justice of the European Union. Finally, Chapter E draws these analyses together and concludes that while there is limited convergence in the way English and EU courts approach the protection of legitimate expectations, both jurisdictions remain wary of external influence.

The Anatomy of Administrative Law

Author : Joanna Bell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925333
Total Pages : 313 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Anatomy of Administrative Law by : Joanna Bell

Download or read book The Anatomy of Administrative Law written by Joanna Bell and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - University of Oxford, 2017) issued under title: Against monism and in favour of an anatomical approach to administrative law.

Administrative Law

Author : Mark Elliott
Publisher : Oxford University Press
ISBN 13 : 0198719469
Total Pages : 857 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Administrative Law by : Mark Elliott

Download or read book Administrative Law written by Mark Elliott and published by Oxford University Press. This book was released on 2017 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, this engaging, critical text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. The result is a fascinating account of a subject of crucial importance. Online Resource Centre The book is supported by online an Online Resource Centre, offering the following useful resources: -Updates which cover all the legal developments since publication -'Oxford NewsNow' RSS feeds provide constantly refreshed links to the latest relevant new stories -Interactive timeline of key dates in British political history -Annotated web links

From Heresy to Orthodoxy

Author : Mark Elliott
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis From Heresy to Orthodoxy by : Mark Elliott

Download or read book From Heresy to Orthodoxy written by Mark Elliott and published by . This book was released on 2016 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: English administrative law is unusual in the common law world for its embrace of the doctrine of substantive legitimate expectations. However, while that doctrine is now an accepted -- if not yet fully settled -- part of the administrative law landscape in England, it is only 20 years since it was judicially castigated as "heretical". This paper charts the development of the substantive legitimate expectation doctrine over recent decades, and critically examines the reasons for its transformation from heresy to orthodoxy. It does so by situating the emergence of the substantive legitimate expectation principle within the context of wider changes that have taken place in English public law in recent decades, arguing that the patina of doctrinal orthodoxy that substantive legitimate expectations now enjoy is warranted. That position is advanced by reference to two lines of argument. First, it is argued that the doctrine of substantive legitimate expectation can be understood in terms more subtle and less uncompromising than those implied by the early cases which attracted particularly critical attention, both academically and judicially. Second, as well as addressing the substantive legitimate expectation doctrine's compatibility with orthodoxy, orthodoxy's compatibility with the doctrine is examined and two distinct but complementary propositions advanced. It is argued, on the one hand, that understandings of what orthodoxy is have evolved somewhat in the last 20 or so years. On the other hand, it is argued that understandings of what orthodoxy requires, in doctrinal terms, have also changed. These shifting perceptions of the nature and implications of orthodoxy have served to carve out a space for the substantive legitimate expectation doctrine today which is more generous than that which previously existed. The story of the evolution of the doctrine of substantive legitimate expectation thus forms part of a larger tableau upon which is recorded the recent evolution of English administrative law itself.