Legitimate Expectations Flashcards
(39 cards)
What is the doctrine of legitimate expectation?
A judicially developed principle of administrative law ensuring fairness in public administration
It allows individuals to have reasonable expectations of treatment by administrative authorities based on past practices or promises.
Who first articulated the doctrine of legitimate expectation in English common law?
Lord Denning MR in Schmidt v Secretary of State for Home Affairs (1969)
This case established the initial procedural aspects of the doctrine.
What are the two dimensions of legitimate expectation recognized in English law?
Procedural and substantive dimensions
Substantive legitimate expectations were notably recognized in the case of Council of Civil Service Unions v Minister for the Civil Service (1985).
How do English courts generally treat substantive legitimate expectations?
With caution and a high threshold for recognition
This reflects a focus on policy flexibility for public authorities.
What is the primary focus of Caribbean courts regarding legitimate expectation?
A broader interpretation, particularly regarding substantive protections
Caribbean jurisprudence shows a greater willingness to protect individuals from abrupt policy changes.
What triggers the doctrine of procedural legitimate expectation?
When a public authority creates a reasonable expectation of following a specific procedure before making a decision
Examples include consultation or a hearing.
What landmark case clarified procedural legitimate expectations in English law?
Schmidt v Secretary of State for Home Affairs (1969)
This case established that individuals with legitimate expectations should have a method to challenge adverse decisions.
What did the House of Lords establish in Council of Civil Service Unions v Minister for the Civil Service (1985)?
Procedural legitimate expectation arises from promises or practices individuals can reasonably rely upon
Expectations must not conflict with overriding public interest considerations.
What is a key principle illustrated by R v Secretary of State for the Home Department, ex parte Doody (1994)?
Procedural fairness is fundamental, but legitimate expectation is limited to ensuring a fair hearing
It does not extend to substantive outcomes.
What is the Caribbean Court of Justice’s (CCJ) position on procedural legitimate expectation?
It promotes accountability and reinforces the obligation to honor expectations created by administrative conduct
This stance contrasts with English law, which generally allows public authorities more leeway.
What was the outcome of Attorney General v Boyce (2009) regarding procedural expectations?
Public authorities must follow established procedures when individuals have relied on them
The ruling emphasized fairness and procedural adherence.
What did the court rule in Guyana Geology and Mines Commission v. Diamond Quarry Inc. & Baracara Quarries Inc. (2021)?
The need for consistency and fairness in procedural frameworks before revoking permits
This case highlighted the significance of procedural legitimate expectation in Guyanese administrative law.
In Legal Officers Staff Association and Manley, Tasha et al v Attorney General et al [2015], what principle was reinforced?
Expectations can arise from promises or established practices, and failure to consult violates fairness principles
This case contributed to Jamaica’s evolving administrative accountability.
True or False: Caribbean courts generally adopt a more discretionary approach to legitimate expectations than English courts.
True
They balance individual rights with the operational integrity of administrative bodies.
What is the doctrine of substantive legitimate expectation in administrative law?
It arises when a public authority creates a reasonable expectation that a person will receive a specific benefit or outcome through a clear and unambiguous promise or established practice.
It differs from procedural legitimate expectation, which concerns the fairness of the process rather than the substance of the decision.
What must be proven for a substantive legitimate expectation to exist?
The expectation must be unqualified, clear, and unambiguous.
It must also be attributed to someone with real or apparent authority.
In which case was it emphasized that subjective belief is insufficient for substantive legitimate expectation?
Pharsalus Inc v Commissioner of the Guyana Geology and Mines Commission (2013) 83 WIR 401.
What is the typical requirement for applicants regarding information disclosure in substantive legitimate expectation cases?
Applicants are usually required to disclose all pertinent information.
What burden shifts to the public authority after the elements of substantive legitimate expectation are proven?
The burden of proving an overriding interest to justify frustrating the expectation.
How have English courts historically viewed substantive legitimate expectations?
They have been reluctant to acknowledge them as a basis for judicial review.
What concerns led English courts to initially resist recognizing substantive legitimate expectations?
- Fettering policy discretion
- Creating estoppel against public authorities
- Undermining the separation of powers
Which case marked a shift in English courts’ approach to substantive legitimate expectations?
R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213.
What did Laws LJ emphasize regarding abuse of power in R v Secretary of State for Education and Employment, ex parte Begbie?
Abuse of power is becoming a core public law concept.
