The recognition and enforcement of legitimate expectations by
courts has been a striking feature of English law since R v North
and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213.
Although the substantive form of legitimate expectation adopted in
Coughlan was quickly accepted by English courts and received a
generally favourable response from public law scholars, the
doctrine of that case has largely been rejected in other common law
jurisdictions. The central principles of Coughlan have been
rejected by courts in common law jurisdictions outside the UK for a
range of reasons, such as incompatibility with local constitutional
doctrine, or because they mark an undesirable drift towards merits
review. The sceptical and critical reception to Coughlan outside
England is a striking contrast to the reception the case received
within the UK. This book provides a detailed scholarly analysis of
these issues and considers the doctrine of legitimate expectations
both in England and elsewhere in the common law world.
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