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Legitimate Expectations in Administrative Law$
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Soren Schønberg

Print publication date: 2000

Print ISBN-13: 9780198299479

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299479.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Legitimate Expectations in Administrative Law
Author(s):

Søren J. Schønberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299479.003.0001

This book is about the legal rules which should apply when public authorities make decisions which differ from what individuals have been led to expect by previous administrative decisions or administrative representations. How and in what circumstances should expectations created by administrative decisions and representations be upheld? Three different approaches have emerged: procedural protection of expectations, substantive protection of expectations, and compensatory protection of expectations. This book explores how and in what circumstances English law should protect expectations created by administrative decisions and representations. Its working hypothesis is that expectations cannot be adequately protected by a single legal principle: it is necessary to apply a combination of procedural, substantive, and compensatory rules to strike a balance between the principles of lawful administration in the public interest and individual fairness. To determine the content of this combination, the book discusses why administrative law should protect individual expectations at all, how legitimate expectations are protected through administrative law today, and whether the current approach to protection of expectations in English law is satisfactory.

Keywords:   English law, public authorities, administrative law, expectations, administrative decisions, procedural protection, substantive protection, compensatory protection, administrative representations

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