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Legitimate Expectations in the Common Law World


ISBN13: 9781509929733
Published: May 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £44.99
Hardback edition , ISBN13 9781849467780



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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

Series: Hart Studies in Comparative Public Law

Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957880
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Constitutional Courts, Media and Public Opinion ISBN 9781509953608
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The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
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The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
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Australian Constitutional Values
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Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
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The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
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The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
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£39.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
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Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
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£130.00
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Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
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Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
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Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
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£38.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
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£38.99
Australian Constitutional Values ISBN 9781509918409
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Australian Constitutional Values (eBook) ISBN 9781509918416
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
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Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
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£150.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
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£39.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
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The Federal Idea: Public Law Between Governance and Political Life
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
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Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
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Administrative Law and Judicial Deference ISBN 9781849462778
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Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
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The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
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£100.00
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
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£59.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
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Constitutionalising Secession (eBook) ISBN 9781782253310
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Israeli Constitutional Law in the Making ISBN 9781849464093
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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