Legal doctrine regarding provided rights and services
See also: Legal certainty and General principles of European Union law § Legitimate expectation
The Royal Courts of Justice, London. The doctrine of legitimate expectation was predominantly developed by the UK courts.
Administrative law
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Administrative court
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Exhaustion of remedies
Justiciability
Ministerial act
Ouster clause
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Rulemaking
Ultra vires
Grounds for judicial review
Fettering of discretion
Legitimate expectation
Nondelegation doctrine
Procedural justice
Natural justice
Due process
Fundamental justice
Proportionality
Unreasonableness
Wednesbury
Patent unreasonableness
Administrative law in common law jurisdictions
Australia
Canada
Singapore
South Africa
United Kingdom
Scotland
United States
Administrative law in civil law jurisdictions
China
Mongolia
Ukraine
Related topics
Constitutional law
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The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power.
The courts of the United Kingdom have recognized both procedural and substantive legitimate expectations. A procedural legitimate expectation rests on the presumption that a public authority will follow a certain procedure in advance of a decision being taken, while a substantive legitimate expectation arises where an authority makes a lawful representation that an individual will receive or continue to receive some kind of substantive benefit. In determining a claim for an alleged breach of a legitimate expectation, a court will deliberate over three key considerations:
whether a legitimate expectation has arisen;
whether it would be unlawful for the authority to frustrate such an expectation; and
if it is found that the authority has done so, what remedies are available to the aggrieved person.
Procedural legitimate expectations have been recognized in a number of common law jurisdictions. In contrast, notwithstanding their acceptance and protection in the UK, substantive legitimate expectations have not been universally recognized. For instance, they have been given effect in Singapore but not in Australia.
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The doctrine of legitimateexpectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural...
doctrine of legitimateexpectation in Singapore protects both procedural and substantive rights. In administrative law, a legitimateexpectation generally...
creates a legitimateexpectation. This applies also to an established practice or conduct of a given decision-maker. Legitimateexpectation will not apply...
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proceed in a rational and coherent manner with the expectation that their subsequent behavior is legitimated by the norms and values which guide their organizations...
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Once a deprivation of liberty is proven, the applicant must raise a legitimate ground upon which to question its legality. If the applicant has raised...
a legitimateexpectation. That expectation may arise from a promise made by the authority, or from a consistent past practice. As the expectation must...
Unions claimed in judicial review that the order defeated their legitimateexpectation of being able to collectively bargain for fair wages. Glidewell...
which were recognized but not applied by English Courts, namely legitimateexpectation and proportionality. The powers to review administrative decisions...
with third parties. In Smith, the Court held individuals have no "legitimateexpectation of privacy" regarding the telephone numbers they dial because they...
only a legitimateexpectation that a certain procedure would be followed by a public body ("procedural" expectations), but also an expectation of some...
does not protect every expectation but only those which are "legitimate". The requirements for legitimacy of the expectation, include the following:...
deterrent. It feels that long-term overstayers who are not able to work legitimately pose social problems and may turn to crime, affecting its citizens. Corporal...
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