chapter  14
12 Pages

GROUNDS OF JUDICIAL REVIEW III: LEGITIMATE EXPECTATION

14.1 Introduction

The doctrine of legitimate expectation is a recent development, even by fast moving public law standards. The term was first mentioned in an English case in 1969 (in Schmidt v Secretary of State for Home Affairs; it was an emergent doctrine in Continental legal systems and European Community law before then), but it was not until the early to mid 1980s that the doctrine had settled into anything like a clear body of law. It is fair to say that that ‘settling down’ process has now occurred, and the legitimate expectation is now a familiar and frequently invoked ground of challenge on applications for judicial review. However, real uncertainties, particularly relating to the ambit of the substantive legitimate expectation, still remain.