The Power of Legitimate Expectation: Unveiling Rights, Limits, and Critiques

Authors

  • Vaishali Yadav Author

Keywords:

Legitimate Expectation, Judicial Review, Administrative Law, Rule of Law

Abstract

The doctrine of legitimate expectation promotes fairness, consistency, and transparency in administrative decision-making by protecting individuals who rely on representations, promises, or established practices of public authorities. This article examines the concept, evolution, types, and essential requirements of legitimate expectation, while analysing its application across administrative law, contract law, and human rights. It further explores the doctrine's limitations, exceptions based on public interest, and available judicial remedies for its breach. The study concludes that legitimate expectation strengthens the rule of law and accountable governance, although its effective application requires balancing individual expectations with broader public interest and administrative flexibility.

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References

1. C. Forsyth, “The Doctrine of Legitimate Expectation: A Critical Review of the Case Law”

(1995) 15 OJLS 349, at 349-350.

2. Council of Civil Service Unions v. Minister for the Civil Service. (1985), AC 374, at 410.

3. Le Sueur, A., Maurice, C., & Sunkin, M., Public Law and Human Rights (2nd ed.) (Oxford

University Press, 2004), at 417.

4. P. Craig, Administrative Law (6th ed.) (Sweet & Maxwell, 2008), at 633.

5. Breen v. Amalgamated Engineering Union. (1971), 2 QB 175, at 206.

6. R (Bhatt Murphy) v. Independent Assessor. (2008), EWCA Civ 755, at [41].

7. T. Prosser, The Limits of Administrative Law (Hart Publishing, 2012), at 189.

8. C. Forsyth, “The Doctrine of Legitimate Expectation: A Critical Review of the Case Law”

(1995) 15 OJLS 349, at 352.

9. Council of Civil Service Unions v. Minister for the Civil Service. (1985), AC 374, at 410.

10. Council of Civil Service Unions v. Minister for the Civil Service. (1985), AC 374, at 410.

11. T. Prosser, The Limits of Administrative Law (Hart Publishing, 2012), at 190.

12. R (Bibi) v. Newham LBC [2002] EWHC 2376 (Admin), at para. 57.

13. Council of Civil Service Unions v. Minister for the Civil Service. (1985), AC 374, at 410.

14. R (Daly) v. Secretary of State for the Home Department. (2001), UKHL 26, at para. 28.

15. See Craig, P.P., ‘Legitimate Expectations and the Flexible Principle of Consistency’ (1996)

Public Law 682.

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Published

2025-07-15

Issue

Section

Research Article