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Legitimate expectations in the common law world / edited by Matthew Groves and Greg Weeks.

Contributor(s): Material type: TextTextSeries: Hart studies in comparative public law ; v. 12.Publisher: Oxford ; Portland, Oregon : Hart Publishing, 2017Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509909490
  • 1509909494
  • 9781509909513
  • 1509909516
Subject(s): Genre/Form: Additional physical formats: Print version:: Legitimate expectations in the common law world.DDC classification:
  • 340.5/7 23
LOC classification:
  • K588
Other classification:
  • KL1
Online resources:
Contents:
Matthew Groves and Greg Weeks / The legitimate expectation as an instrument and illustration of common law change -- Jason NE Varuhas / In search of a doctrine : mapping the law of legitimate expectations -- Robert Thomas / Legitimate expectations and the separation of powers in English and Welsh administrative law -- Kristina Stern SC and Joanna Davidson / Substantive fairness : a case for reconsidering the breach between English and Australian law -- Paul Daly / A pluralist account of deference and legitimate expectations -- Janina Boughey / Proportionality and legitimate expectations -- Greg weeks / What can we legitimately expect from the state -- Cora Hoexter / The unruly horse and the gordian knot : legitimate expectations in South Africa -- Phillip Joseph / Law of legitimate expectation in New Zealand -- Mark Elliott / From heresy to orthodoxy : substantive legitimate expectations in the United Kingdom -- Chintan Chandrachud / The (fictitious) doctrine of legitimate expectations in India? -- Swati Jhaveri / Contrasting responses to the Coughlan moment? : legitimate expectations in Hong Kong and Singapore -- Sas Ansari and Lorne Sossin / Legitimate expectations in Canada : soft law and tax administration -- Matthew Groves / Legitimate expectations in Australia : overtaken by formalism and pragmatism.
Summary: "The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world." --publisher's description.
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Includes bibliographical references and index.

Matthew Groves and Greg Weeks / The legitimate expectation as an instrument and illustration of common law change -- Jason NE Varuhas / In search of a doctrine : mapping the law of legitimate expectations -- Robert Thomas / Legitimate expectations and the separation of powers in English and Welsh administrative law -- Kristina Stern SC and Joanna Davidson / Substantive fairness : a case for reconsidering the breach between English and Australian law -- Paul Daly / A pluralist account of deference and legitimate expectations -- Janina Boughey / Proportionality and legitimate expectations -- Greg weeks / What can we legitimately expect from the state -- Cora Hoexter / The unruly horse and the gordian knot : legitimate expectations in South Africa -- Phillip Joseph / Law of legitimate expectation in New Zealand -- Mark Elliott / From heresy to orthodoxy : substantive legitimate expectations in the United Kingdom -- Chintan Chandrachud / The (fictitious) doctrine of legitimate expectations in India? -- Swati Jhaveri / Contrasting responses to the Coughlan moment? : legitimate expectations in Hong Kong and Singapore -- Sas Ansari and Lorne Sossin / Legitimate expectations in Canada : soft law and tax administration -- Matthew Groves / Legitimate expectations in Australia : overtaken by formalism and pragmatism.

Print version record and CIP data provided by publisher; resource not viewed.

"The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world." --publisher's description.

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