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Legitimate Expectations in Administrative Law
0 - Default Title
Description
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.
Product details
Edition:
1
Number of Pages:
344
Release Date:
2001-01-25
Publication Date:
2000-11-23
Publisher:
OUP Oxford
Languages:
Original:
English
ISBN10:
0198299478
ISBN13:
9780198299479
GPSR Manufacturer Reference:
Weight:
681 g
Height:
161 cm
Width:
240 cm
Thickness:
23 cm
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