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Stuck at a crossroad? Substantive legitimate expectations in English law

Accepted version
Peer-reviewed

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Type

Article

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Authors

Young, AL 

Abstract

jats:titleAbstract</jats:title>jats:pIn “The Provenance and Protection of Legitimate Expectations” Forsyth argued that English law should protect substantive legitimate expectations. However, he was concerned that too great an expansion of legitimate expectations could lead to incoherence and intuitive decision-making. I argue that recent case law, and Forsyth's analysis, have clarified some of these inconsistencies. Nevertheless, the doctrine of legitimate expectations stands at a crossroads. Should it adopt a rules-based approach and narrow legitimate expectations, or a principled approach that embraces a broader conception? I argue that English law needs both for legitimate expectations effectively to balance legal certainty and substantive equality.</jats:p>

Description

Keywords

administrative law, substantive legitimate expectations, judicial reasoning

Journal Title

Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

80

Publisher

Cambridge University Press (CUP)

Rights

All rights reserved