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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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(p.237) Conclusion
Legitimate Expectations in Administrative Law

Søren J. Schønberg

Oxford University Press

How and in what circumstances should English law protect expectations created by administrative decisions and administrative representations? This book has sought to answer this broad question by addressing three important issues: why administrative law should protect expectations at all, how expectations are protected by administrative law today, and whether the current approach in English law to protection of expectations is satisfactory. The book has argued that expectations should be protected to respect the principle of fairness. Protection of legitimate expectations also promotes trust in public authorities and thereby their perceived legitimacy and efficacy. However, fairness and trust must be balanced against the principle of lawful government in the public interest. To determine the right balance between these principles, it is necessary to distinguish between four scenarios: administrative revocation of final decisions, departure from individualised assurances, departure from policy in particular instances, and general changes of policy. The book has also discussed the different emphasis on procedural protection, substantive protection, and compensatory protection of expectations in English, French, and European Community law.

Keywords:   English law, legitimate expectations, administrative law, administrative decisions, administrative representations, administrative revocation, fairness, procedural protection, substantive protection, compensatory protection

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