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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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Substantive Protection of Legitimate Expectations (II): Informal Administrative Representations

Substantive Protection of Legitimate Expectations (II): Informal Administrative Representations

(p.107) Chapter 4 Substantive Protection of Legitimate Expectations (II): Informal Administrative Representations
Legitimate Expectations in Administrative Law

Søren J. Schønberg

Oxford University Press

It was seen in the previous chapter that the administration’s power to revoke its own decisions has been limited to promote fairness, legal certainty, and trust in government. However, people do not rely only on formal administrative decisions. Informal representations such as advice given to citizens and circulars setting out administrative policy are also all important part of the information on the basis of which lives are planned and choices made. This chapter focuses on the substantive protection of legitimate expectations created by such representations. First, the basic content of the relevant principles in English, French, and European Community law are discussed. The three legal systems appear to differ markedly in their approach to administrative representations. The chapter also looks at expectations aroused by lawful individualized representations and assurances. Furthermore, the principles which apply to expectations created by unlawful representations are described. Finally, some limited proposals for reform of English law are presented.

Keywords:   English law, substantive protection, individualized representations, administrative representations, reform, unlawful representations, European Community, administrative decisions

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