Legitimate Expectation, Consistency and Abuse of Power

Judicial Review 281, 2005

10 Pages Posted: 15 Oct 2015

See all articles by Mark Elliott

Mark Elliott

University of Cambridge - Faculty of Law

Date Written: October 14, 2005

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

Suggested Citation

Elliott, Mark C., Legitimate Expectation, Consistency and Abuse of Power (October 14, 2005). Judicial Review 281, 2005. Available at SSRN: https://ssrn.com/abstract=2673979

Mark C. Elliott (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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