Legitimate Expectations in the Common Law World

Administrative / Constitutional Law › Comparative Law

Legitimate Expectations in the Common Law World

Edited by Matthew Groves · Greg Weeks
Hart Publishing January 2017

Specifications

ISBN-13
9781849467780
Publisher
Hart Publishing
Publication
January 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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
HKD 1,639.30 −3%
HKD 1,690.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
The Constitution of Arbitration
Cambridge University Press

The Constitution of Arbitration

Victor Ferreres Comella
HKD 315.25
Law and Thing Theory: The Return of the Precritical Pre-order
Routledge

Law and Thing Theory: The Return of the Precritical

Jean d'Aspremont
HKD 2,015.00
Routledge International Handbook of Restorative Justice
Routledge

Routledge International Handbook of Restorative Justice

Theo Gavrielides
HKD 2,963.35
The Foundation of the Juridico-Political: Concept Formation in Hans Kelsen and Max Weber
Routledge

The Foundation of the Juridico-Political: Concept Formation in Hans Kelsen and Max Weber

Ian Bryan; Peter Langford; John McGarry
HKD 2,017.60
Between Authority and Interpretation
Oxford University Press

Between Authority and Interpretation

Joseph Raz
HKD 598.85
Principles of Good Governance and the Ombudsman Principles of Good Governance and the Ombudsman: a comparative study on the normative functions of the institution in a modern constitutional state with a focus on Peru
Intersentia Publishers

Principles of Good Governance and the Ombudsman Principles of Good Governance and the Ombudsman: a comparative study on the normative functions of the institution in a modern constitutional state with a focus on Peru

Alberto Castro
HKD 1,183.00