Legitimate Expectations in Administrative Law

Hardcover | November 15, 2000

bySoren Schonberg

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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 overthe 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 andrules 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 well as principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared withFrench 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 general principle of irrevocability of intra vires administrative decisions, adistinct 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.

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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 overthe last thirty years and it remains one of th...

Soren Schonberg is a referendaire in the Chambers of Advocate-General Francis Jacobs at the European Court of Justice
Format:HardcoverDimensions:338 pages, 9.21 × 6.14 × 0.87 inPublished:November 15, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198299478

ISBN - 13:9780198299479

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Table of Contents

Introduction1. Expectations, Fairness, and Lawful Administration in the Public Interest2. Prodedural Protection of Legitimate Eexpectations3. Substantive Protection of Legitimate Expectations (I): Revocation of Decisions4. Substantive Protection of Legitimate Expectations (II): Informal Administration Representations5. Compensatory Protection of Legitimate Expectations (I): Revocation of Decisions6. Compensatory Protection of Legitimate Expectations (II): Informal RepresentationsConclusionIndex

Editorial Reviews

`While it may be doubted that the English law of legitimate expectations will reform itself in quite the orderly and systematic manner laid out by Dr Schonberg, it is certain that reform will continue (if only in the typically haphazard and piecemeal manner of the common law) and that thisbook will play a significant part in providing advocates with the jurisprudential basis for much of that reform.'Aidan Robertson, Brick Court Chambers, [2001] Judicial Review