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Legitimate Expectations in the Common Law World

Hart Studies in Comparative Public Law

Genres: Common law
Format: Paperback / softback
Publisher: Bloomsbury Publishing PLC, Oxford, United Kingdom
Imprint: Hart Publishing
Published: 30th May 2019
Dimensions: w 156mm h 234mm d 19mm
Weight: 513g
ISBN-10: 1509929738
ISBN-13: 9781509929733
Barcode No: 9781509929733
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Synopsis
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.

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This excellent collection of essays provides a scholarly account of the concept's travels around the common law world and the debates it has provoked. -- Bruce Dyer * Australian Journal of Administrative Law *