Doctrine of Legitimate Expectations
ADMINISTRATIVE LAW ASSIGNMENT DIPLOMA IN LEGAL STUDIES PUBLIC LAW II 2010/2011
“What is the current status of the doctrine of legitimate expectations in Irish law? How do you think the doctrine will develop in the coming years”?
WORD COUNT 2881: NOT INCLUDING FOOT NOTES OR BIBLIOGRAPHY
PAGE COUNT 10
DEADLINE 6.00pm on the 31st March 2011
“Take nothing on its looks; take everything on evidence. There's no better Rule.” —Charles Dickens in “Great Expectations”
“unhappiness could well be found by focusing alone on the expectations of citizens and seeking to discern their legal legitimacy or otherwise ”
Some eighteen years ago, in Fakih v Minister for Justice O'Hanlon J. described that “….the plea of legitimate expectation … may have some of the characteristics of the ‘unruly horse’ which were associated with the plea of public policy”.
A year later, Costello J. in Hempenstall v Minister for the Environment commented that “….the law relating to the doctrine of legitimate expectation is an evolving one, whose parameters have not yet been defined and whose exact scope has not yet been established’.
Fennelly J in Glencar Exploration plc v Mayo County Council observed that “….the doctrine of legitimate expectation is of relatively recent vintage when compared with other grounds of judicial review and the courts have repeatedly emphasised that it is still in development”.
The authors of De Smith's Judicial Review describe legitimate expectation as the tension between legal certainty (abiding by representations) and preserving flexibility to pursue the changing public interest.
In consideration of the above, a number of questions relating to the scope of the doctrine remain to be definitively answered by the courts in Ireland. Legitimate expectation has been interpreted as having significantly different meanings ranging from a means of broadening the circumstances in which the common law rules of natural justice will apply to encompassing a substantive
“What is the current status of the doctrine of legitimate expectations in Irish law? How do you think the doctrine will develop in the coming years”?
WORD COUNT 2881: NOT INCLUDING FOOT NOTES OR BIBLIOGRAPHY
PAGE COUNT 10
DEADLINE 6.00pm on the 31st March 2011
“Take nothing on its looks; take everything on evidence. There's no better Rule.” —Charles Dickens in “Great Expectations”
“unhappiness could well be found by focusing alone on the expectations of citizens and seeking to discern their legal legitimacy or otherwise ”
Some eighteen years ago, in Fakih v Minister for Justice O'Hanlon J. described that “….the plea of legitimate expectation … may have some of the characteristics of the ‘unruly horse’ which were associated with the plea of public policy”.
A year later, Costello J. in Hempenstall v Minister for the Environment commented that “….the law relating to the doctrine of legitimate expectation is an evolving one, whose parameters have not yet been defined and whose exact scope has not yet been established’.
Fennelly J in Glencar Exploration plc v Mayo County Council observed that “….the doctrine of legitimate expectation is of relatively recent vintage when compared with other grounds of judicial review and the courts have repeatedly emphasised that it is still in development”.
The authors of De Smith's Judicial Review describe legitimate expectation as the tension between legal certainty (abiding by representations) and preserving flexibility to pursue the changing public interest.
In consideration of the above, a number of questions relating to the scope of the doctrine remain to be definitively answered by the courts in Ireland. Legitimate expectation has been interpreted as having significantly different meanings ranging from a means of broadening the circumstances in which the common law rules of natural justice will apply to encompassing a substantive
Bibliography: Judicial Review 2nd edition Mark De Blamcam Tottel Publishing De Smith’s Judicial Review 6th Edition Harry Woolf, Jeffrey Jowell, Andrew Le Sueur Thomson sweet & Maxwell Judicial Review Conleth Bradley Roundhall press Honorerable Society of King’s inn lecture material 2010-2011 Alan Brady Judicial Review of Administrative Action 2nd edition Hilary Delany Roundhall Press Cases and Comment: Legitimate Expectations and substantive effect, recent developments; (2007) 14(1) DULJ 423: Hilary Delany Recent Developments Relating to the Doctrine of Legitimate Expectations; (1993) 11 ILT 192: Hilary Delany (2007) 42(1) JUR 29: Article: MANAGING EXPECTATIONS : JAMES McDERMOTT, NIALL F. BUCKLEY