Legitimate Expectations in Administrative Law

Soren Schønberg

Critical analysis of the principle of legitimate expectations in administrative law
Valuable analysis of the justification for protection of expectations
A detailed comparative study which considers literature and case reports in English, French, and German

Legitimate Expectations in Administrative Law

Soren Schønberg

Description

This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schønberg provides a detailed, comparative, and critical analysis of that notion

He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as well as principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules.

The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a general principle of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.

Legitimate Expectations in Administrative Law

Soren Schønberg

Introduction
1: Expectations, Fairness, and Lawful Administration in the Public Interest
2: Prodedural Protection of Legitimate Eexpectations
3: Substantive Protection of Legitimate Expectations (I): Revocation of Decisions
4: Substantive Protection of Legitimate Expectations (II): Informal Administration Representations
5: Compensatory Protection of Legitimate Expectations (I): Revocation of Decisions
6: Compensatory Protection of Legitimate Expectations (II): Informal Representations
Conclusion
Index

Legitimate Expectations in Administrative Law

Soren Schønberg

Author Information

Soren Schønberg, European Court of Justice

Legitimate Expectations in Administrative Law

Soren Schønberg

Reviews and Awards

... timely ... Schønberg sets out an agenda for reform ... As an exercise in comparative law, the book is a useful contribution to the academic literature and may even turn out to be a source of practical inspiration for lawyers and judges in the further development of case law ... - (2002) 27 European Law Review Feb.

...a welcome addition to any law library, inside or outside Europe. ...Dr Schønberg ...has written a book of great relevance to the practitioner of public law. ...the book is stimulating and a painstakingly researched and well-argued piece of work. ...this excellent book ...presents a clear and thoughtful approach to a very examinable issue, and is clearly worthy of close scrutiny. - European Public Law, Vol. 8, No. 2, 2002

This book ... adds considerably to the existing body of knowledge and will therefore be welcomed by academics and practitioners alike. ... In the opinion of the author, "Expectations cannot be adequately protected by a single legal principle; a combination of procedural, substantive, and compensatory rules is required." Schønberg has provided just such a combination of principles in tabular form, which merits study by everyone interested in this fascinating, if rather complex, area of the law. - Journal of the Commonwealth Lawyers' Association 2001

... a scholarly work, comprehensive and concise, which will be welcomed by doctrinally-minded administrative lawyers in particular. The various strands of comparative analysis are handled adeptly throughout. - Modern Law Review, 1 Nov 2001

an essential point of reference for any public lawyer preparing a case in which a legitimate expectation argument may arise. Not only does Dr Schønberg explain the present law comprehensively, he also presents well-reasoned arguments for the development of protection of legitimate expectations in English law in a number of areas. ... combines academic rigour with considerable practical relevance. - Aidan Robertson, Brick Court Chambers, [2001] Judicial Review

While it may be doubted that the English law of legitimate expectations will reform itself in quite the orderly and systematic manner laid out by Dr Schønberg, it is certain that reform will continue (if only in the typically haphazard and piecemeal manner of the common law) and that this book will play a significant part in providing advocates with the jurisprudential basis for much of that reform. - Aidan Robertson, Brick Court Chambers, [2001] Judicial Review