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Vol 22 No 1 Jan/Feb 2017

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Legitimate Expectations in the Common Law World


ISBN13: 9781849467780
Published: November 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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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.

Subjects:
Constitutional and Administrative Law, Comparative Law
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