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Legitimate Expectations in the Common Law World

Editor(s): Matthew Groves, Greg Weeks
Media of Legitimate Expectations in the Common Law World
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Published: 12-01-2017
Format: Hardback
Edition: 1st
Extent: 368
ISBN: 9781849467780
Imprint: Hart Publishing
Series: Hart Studies in Comparative Public Law
Dimensions: 234 x 156 mm
RRP : £85.00
 

: 14 -21 days

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Loren Epson

About Legitimate Expectations in the Common Law World

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.

Table Of Contents

1. The Legitimate Expectation as an Instrument and Illustration of Common Law Change
Matthew Groves and Greg Weeks
2. In Search of a Doctrine: Mapping the Law of Legitimate Expectations
Jason NE Varuhas
3. Legitimate Expectations and the Separation of Powers in English and Welsh Administrative Law
Robert Thomas
4. Substantive Fairness: A Case for Reconsidering the Breach between English and Australian Law
Kristina Stern SC and Joanna Davidson
5. A Pluralist Account of Deference and Legitimate Expectations
Paul Daly
6. Proportionality and Legitimate Expectations
Janina Boughey
7. What Can We Legitimately Expect from the State?
Greg Weeks
8. The Unruly Horse and the Gordian Knot: Legitimate Expectations in South Africa
Cora Hoexter
9. Law of Legitimate Expectation in New Zealand
Philip A Joseph
10. From Heresy to Orthodoxy: Substantive Legitimate Expectations in the United Kingdom
Mark Elliott
11. The (Fictitious) Doctrine of Substantive Legitimate Expectations in India
Chintan Chandrachud
12. Contrasting Responses to the 'Coughlan Moment': Legitimate Expectations in Hong Kong and Singapore
Swati Jhaveri
13. Legitimate Expectations in Canada: Soft Law and Tax Administration
Sas Ansari and Lorne Sossin
14. Legitimate Expectations in Australia: Overtaken by Formalism and Pragmatism
Matthew Groves

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.” –  Bruce Dyer, Australian Journal of Administrative Law

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