Tomlinson, J.P. orcid.org/0000-0002-7385-3085 (2017) The narrow approach to substantive legitimate expectations and the trend of modern authority. Oxford University Commonwealth Law Journal, 17 (1). pp. 75-84. ISSN 1472-9342
Abstract
In the recent Privy Council decision of United Policyholders Group v Attorney General of Trinidad and Tobago, Lord Carnwath supplied an interesting and helpful discussion of substantive legitimate expectations. This case note reflects on Lord Carnwath’s conclusions and how they speak to important current debates about the doctrine. In particular, it will be argued that Lord Carnwath’s conclusions provoke reflection on: (a) the status of the seminal Coughlan case in contemporary thinking about the doctrine; (b) how far claims about the advent of the protection of substantive expectations representing a worrying expansion of judicial power have been properly investigated; (c) whether it is necessary to reflect deeply on the theoretical basis of the principle; and (d) the defensibility of the ‘trend of modern authority’ to interpret the dicta in the Coughlan case ‘narrowly’.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2017 Faculty of Law, Oxford University. This is an author produced version of a paper subsequently published in Oxford University Commonwealth Law Journal. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Substantive legitimate expectations; judicial review; judicial power; common law; Privy Council |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 19 Apr 2017 10:30 |
Last Modified: | 20 Jul 2023 14:48 |
Status: | Published |
Publisher: | Taylor & Francis |
Refereed: | Yes |
Identification Number: | 10.1080/14729342.2017.1311514 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:115062 |