Legitimate Expectations in the Common Law World

Erscheinungsjahr 2019
ISBN: 978-1-5099-2973-3
Verlag: Hart Publishing

Buch, Englisch, 368 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 513 g

Reihe: Hart Studies in Comparative Public Law

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.

Autoren/Hrsg.

Groves, Matthew

Weeks, Greg

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Weeks, Greg
Greg Weeks is a Professor in the ANU College of Law at the Australian National University, Australia.

Groves, Matthew
Matthew Groves is Alfred Deakin Professor in the Law School of Deakin University, Australia. He teaches and researches in public law, particularly administrative law and governance. Matthew's works include Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, 2017), Groves and Weeks (eds) Legitimate Expectations in the Common Law World (Hart Publishing, 2017). He is also editor of the Australian Journal of Administrative Law.

Matthew Groves is Professor of Public Law at LaTrobe University.
Greg Weeks is Senior Lecturer in the ANU College of Law at the Australian National University.