In the case of representation a problem may arise from whether the participant in the proceeding may, besides the representative who performs acts on behalf of the participant in the proceeding, use also an advisor, for example, when hearing the matter at a session. The best example is german law, where the federal constitutional court has developed an extensive case law that recognises the protection of residential tenants particularly, whose housing rights are set out in legislation as property in terms of the general property clause in article 14. The case law has evolved through the merging of the legitimate expectations principles that developed in the 1960s and 1970s with case law regarding the meaning of 'consultation' when used in legislation.
By: shakir jahangir tim schouls in his essay, why group representation in parliament is important, argues that the parliamentary representation in canada is unfair because it doesn't represent canada's social diversity as a whole. Enjoy millions of the latest android apps, games, music, movies, tv, books, magazines & more anytime, anywhere, across your devices. Sample law essay the law essay below has been submitted to us by a student in order to help you with your studies please ensure that you reference our essays correctly.
Campbell, mark --- the legal consequences of promises and undertakings made by public bodies  canterlawrw 1 (2002) 8 canterbury law review 237. Legitimate expectation the legal and institutional background the doctrine of legitimate expectation operates as a control over the exercise of discretionary powers conferred upon a public authority. For example, voluminous authorities cited by counsel in argument on the issues in this case were handed to the court in the form of obvious photostatic copies in the cases in questions [sic] counsel, i am sure, would be justifiably offended if i had requested an affidavit of comparison or notarial certificate before reading the documents. In the case of mrs coughlan a disabled woman in a nursing home at newcourt hospital devon, she was given an assurance she could stay in her nursing home as long as she wished to remain there and it was argued on her behalf that this gave rise to a legitimate expectation. The paradigm case of procedural legitimate expectation arises where a public authority has provided an unequivocal assurance, whether by means of an express promise or an established practice, that it will give notice or embark upon consultation.
Grounds of judicial review essay chapter - 1 grounds of judicial review introduction public law is not at base about rights, even though abuses of power may and often do invade private rights it is about wrongs - that is to say misuses of public power - grounds of judicial review essay introduction. This page intentionally left blank european union law this eagerly awaited new edition has been revised after extensive user feedback to meet current teaching requirements. Coughlan,11 considerable uncertainty had existed in relation to whether there was a free-standing principle of substantive legitimate expectation, in what circumstances a legitimate expectation.
The plaintiff relied on the doctrine of legitimate expectation, invoking the webb case barron j treated webb as an example of the application of promissory estoppel, a doctrine which he found equally applicable in the case before him. In addition to persons, houses, [and] papers, the constitution protects individuals against unreasonable searches and seizures of effects however, effects have received considerably less attention than the rest of the categories in the fourth amendment. Reviews martin loughlin, sword and scales: an examination of the relationship between law and politics, oxford: hart publishing, 2000, xi + 241pp, hb â£2750 pb â£1200. The doctrine of legitimate expectation was first developed in english law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. In the wake of the decision in r v north and east devon health authority exp coughlan , the existence of a legitimate expectation is now treated as conferring a substantive benefit on its holder.
A citizen will have a legitimate expectation where an official statement or other conduct of a public body has led to a reasonable belief that the citizen will be able to claim a benefit or advantage and it would be unfair for the public body to deprive the citizen of that benefit or advantage. Legal protection of these legitimate expectations of competent care in matters of procreation marks the next frontier of reproductive freedom this essay makes three contributions to this field of study. I review the case-law in which the courts have considered whether to apply estoppel in public law or otherwise extend the doctrine of legitimate expectation to substantive outcomes particular attention is paid to the spill-over of estoppel from private law into public law.
In the view of the arbitral tribunal, white industries could not have the legitimate expectation that india would apply the new york convention properly (para 10313) while the delay of the indian courts would be unsatisfactory, it would not yet have reached the stage of constituting a denial of justice, either (para 10422. See bruce p smith, english criminal justice administration, 1650-1850: a historiographic essay, 25 law & hist rev 593, 609 (2007) nonetheless, for the sake of discussion, in the context of the present case and defendant, a five-year  prison term, it is assumed, would be considered by most people to be cruel. In the words of lord scarman in in re findlay  ac 318, 338, but what was their legitimate expectation where there is a dispute as to this, the dispute has to be determined by the court, as happened in in re findlay. That there is common ground between the doctrines of equitable estoppel and substantive legitimate expectations is nonetheless implicit in lord hoffmann's approach92 the watershed case for recognition in england that the holder of a legitimate expectation may sometimes be entitled to substantive protection of that expectation was coughlan93.
Front cover front cover 1 front cover 2 main page 755 page 756 page 757 page 758 page 759. But the policy or guidelines in question have to be 'unambiguous and clear' for the 'legitimate expectation' to arise - see r v secretary of state for the home department and another ex parte hargreaves and others  1 wlr 906  1 all er 397. An example can be drawn from a case in which government lawyers sought review of a decision to move them into an open plan office the decision was made by a committee that had established and implemented guidelines to plan and manage office accommodation for government agencies.