Legitimate Expectations in the Common Law World

by Matthew Groves, Greg Weeks

Overview

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.

Product Details

ISBN-13:	9781509929733
Publisher:	Bloomsbury Academic
Publication date:	05/30/2019
Series:	Hart Studies in Comparative Public Law
Pages:	368
Product dimensions:	6.14(w) x 9.21(h) x 0.76(d)

About the Author

Matthew Groves is Professor of Public Law at LaTrobe University.
Greg Weeks is Senior Lecturer in the ANU College of Law at the Australian National University.

Table of Contents

Foreword v

List of Contributors ix

1 The Legitimate Expectation as an Instrument and Illustration of Common Law Change Matthew Groves Greg Weeks 1

2 In Search of a Doctrine: Mapping the Law of Legitimate Expectations Jason NE Varuhas 17

3 Legitimate Expectations and the Separation of Powers in English and Welsh Administrative Law Robert Thomas 53

4 Substantive Fairness: A Case for Reconsidering the Breach between English and Australian Law Kristina Stern SC Joanna Davidson 79

5 A Pluralist Account of Deference and Legitimate Expectations Paul Daly 101

6 Proportionality and Legitimate Expectations Janina Boughey 121

7 What Can We Legitimately Expect from the State? Greg Weeks 147

8 The Unruly Horse and the Gordian Knot: Legitimate Expectations in South Africa Cora Hoexter 165

9 Law of Legitimate Expectation in New Zealand Philip A Joseph 189

10 From Heresy to Orthodoxy: Substantive Legitimate Expectations in the United Kingdom Mark Elliott 217

11 The (Fictitious) Doctrine of Substantive Legitimate Expectations in India Chintan Chandrachud 245

12 Contrasting Responses to the 'Coughlan Moment': Legitimate Expectations in Hong Kong and Singapore Swati Jhaveri 267

13 Legitimate Expectations in Canada: Soft Law and Tax Administration Sas Ansari Lorne Sossin 293

14 Legitimate Expectations in Australia: Overtaken by Formalism and Pragmatism Matthew Groves 319

Index 345

Editorial Reviews

This excellent collection of essays provides a scholarly account of the concept's travels around the common law world and the debates it has provoked.
Australian Journal of Administrative Law

From the Publisher