Legitimate Expectation, Consistency and Abuse of Power

Abstract

This article considers and critiques the decision of the Court of Appeal of England and Wales in R (Rashid) v Secretary of State for the Home Department [2005] EWCA Civ 744. In particular, it argues that the reliance placed by the Court upon the doctrine of legitimate expectation was questionable, and that in certain circumstances, including those that arose in the instant case, it is necessary doctrinally to distinguish between genuinely held (and legitimate) expectations and a separate requirement that administrators treat individuals consistently with previously announced policies.

Keywords: legitimate expectation, consistency, policy, administrative law

JEL Classification: K00, K10, K19, K20, K29, K30