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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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Procedural Protection of Legitimate Expectations

Procedural Protection of Legitimate Expectations

Chapter:
(p.31) Chapter 2 Procedural Protection of Legitimate Expectations
Source:
Legitimate Expectations in Administrative Law
Author(s):

Søren J. Schønberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299479.003.0003

In the previous chapter, it was argued that public law should, primarily for reasons of fairness and trust in administration, protect legitimate expectations created by administrative decisions, administrative representations, and administrative conduct. This chapter examines how principles of administrative procedure contribute towards meeting those requirements. It considers the extent to which legitimate expectations are subject to procedural protection in English, French, and European Community (EC) law. A comparative overview of administrative procedures in English, French, and EC law is first given, followed by an analysis of the procedural protections which apply when administrative authorities revoke decisions or go back on informal representations. Only the most important aspects of fair procedures are discussed (notice, hearing, and reasons). Finally, the results of the comparative survey are presented and proposals for reform of English law are made.

Keywords:   English law, fairness, trust, legitimate expectations, administrative decisions, administrative representations, administrative procedures, procedural protection, administrative conduct, fair procedures

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