The doctrine of legitimate expectation allows courts to review certain decisions by public authorities when those authorities depart from a representation or established practice. This lesson introduces the doctrine’s purpose, its relationship with fairness, and the main questions courts consider.
A legitimate expectation is an interest that public law may protect when a public authority has led a person to expect a particular procedure or outcome. The doctrine developed in English law as a ground of judicial review. It helps protect people when an authority withdraws from a representation it made to them.
All flashcards
Legitimate expectation
A public-law doctrine that may protect an expectation induced by a public authority about a procedure or substantive benefit.
Fairness and natural justice
They underpin the doctrine and help prevent public authorities from disregarding representations arbitrarily.
Procedural versus substantive expectation
A procedural expectation concerns the process before a decision; a substantive expectation concerns a represented benefit or outcome.
Mere hope versus protected expectation
A reasonable hope that an advantage will continue does not, by itself, necessarily have legal consequences.
Court's broad inquiry
Whether an expectation arose, whether frustrating it was unlawful, and what remedy is appropriate.
Quiz questions
What quality should a representation generally have to support a legitimate expectation?Answer: It should be clear, unambiguous, and without relevant qualification.
Which basis may give an officer authority to make a representation on behalf of a public body?Answer: Actual authority or apparent authority.
How does a representation made beyond a decision-maker's statutory powers generally affect a claim?Answer: It will generally not create a legitimate expectation because it is ultra vires.
What distinguishes strong reliance from weak reliance on a public authority's representation?Answer: Strong reliance involves acting on the representation and suffering detriment.
For a specific lawful promise of a benefit, what question is central to the substantive-expectation approach described in Coughlan?Answer: Whether frustrating the promise would be so unfair as to amount to an abuse of power.