Legitimate Expectations in the Common Law World

The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since <i>R v North and East Devon Health Authority; ex parte Coughlan </i>[2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in <i>Coughlan </i>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 <i>Coughlan </i>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 <i>Coughlan </i>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.