Legitimate Expectations in Administrative Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 November 2000
- ISBN 9780198299479
- Binding Hardback
- No. of pages338 pages
- Size 242x163x22 mm
- Weight 617 g
- Language English 0
Categories
Short description:
This new book offers a detailed, comparative, and critical analysis of the notion of `legitimate expectations' in administrative law. It sets out the moral justification for protection of expectations and examines how procedural and substantive principles of administrative law, as well as principles of tort liability, contribute to their protection in English, French, and EC law. It argues that English law does not protect expectations adequately and presents original and detailed suggestions for legal reform.
MoreLong description:
This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Sch?nberg provides a detailed, comparative, and critical analysis of that notion
He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as well as principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules.
The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a general principle of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.
... timely ... Sch?nberg sets out an agenda for reform ... As an exercise in comparative law, the book is a useful contribution to the academic literature and may even turn out to be a source of practical inspiration for lawyers and judges in the further development of case law ...
Table of Contents:
Introduction
Expectations, Fairness, and Lawful Administration in the Public Interest
Prodedural Protection of Legitimate Eexpectations
Substantive Protection of Legitimate Expectations (I): Revocation of Decisions
Substantive Protection of Legitimate Expectations (II): Informal Administration Representations
Compensatory Protection of Legitimate Expectations (I): Revocation of Decisions
Compensatory Protection of Legitimate Expectations (II): Informal Representations
Conclusion
Index
