Legitimate Expectation in Administrative Law

These flashcards cover key vocabulary terms related to the doctrine of Legitimate Expectation in Administrative Law, focusing on its principles, case law, and implications.

Legitimate Expectation

A legal doctrine that allows individuals to challenge administrative decisions based on expectations that a public authority will follow certain procedures or fulfill certain promises.

Promissory Estoppel

An equitable doctrine that prevents a party from going back on a promise, even if a legal contract does not exist, when one party has relied on that promise.

Procedural Guarantee

A type of legal protection that ensures an individual has the right to be heard and have a fair process before an administrative decision is made.

Substantive Rights

Rights that grant individuals certain entitlements or benefits, as opposed to merely procedural protections.

Public Authority

An organization or body that is financed by the government and has the power to make decisions affecting the public.

Equitable Principles

Maxims that guide courts to ensure justice and fairness in legal proceedings.

Judicial Review

The process by which courts examine the actions of public authorities to ensure they comply with the law.

Irish Law Test

The legal framework established in Ireland for assessing cases involving legitimate expectations.

Two-Step Test

A legal method used to determine whether an expectation can be enforced based on representation and any limiting factors.

Detrimental Reliance

The reliance on a promise or representation that results in harm or loss to the party relying on it.

Abrahamson v The Law Society of Ireland (1996)

A case that explored the doctrine of legitimate expectation and its relationship with promissory estoppel.

Schmidt v. Secretary of State for Home Affairs (1969)

An early English case that recognized the concept of legitimate expectation in administrative law.

Ng Yuen Shiu (1983)

A case where the court emphasized the need for a public authority to uphold its promises regarding procedures.

Council of Civil Service Unions v. Minister of State (1985)

The 'GCHQ Case' that established how legitimate expectations relate to benefits not held as a right in private law.

Duggan v an Taoiseach (1989)

A case affirming that courts will protect legitimate expectations through judicial review in public law.

Glencar v Mayo County Council (2002)

A key case that outlined the elements needed to establish a legitimate expectation in Irish law.

Lett & Co. Ltd v. Wexford Borough Council (2012)

A case reinforcing the application of the three tests for legitimate expectation from Glencar.

Established Practice

A consistent and accepted method of operation or behavior by a public authority that can give rise to legitimate expectations.

Ultra Vires

A Latin term meaning 'beyond the powers', used to refer to actions taken by a public authority that exceed its legal authority.

Hedigan J (in Cork Opera House PLC v Revenue Commissioners)

Held that legitimate expectation could not prevail against statutory authority.

Changes in Policy

When a public authority alters its previous decisions or procedures, which can affect claims of legitimate expectations.

Equity of the Case

A principle that allows courts to provide remedies based on fairness rather than strict legal rules.

Oireachtas Joint Committee on Justice

A governmental committee that was discussed in relation to whether it could create a legitimate expectation.

Detrimental Reliance (in context)

The necessity for claimants to demonstrate reliance on a representation that led to a disadvantage.

Daly v Minister for the Marine (2001)

A case exploring the fairness required for establishing legitimate expectations.

Cromane Seafoods Ltd. v. The Minister (2017)

A case that examined errors in communication and their impact on legitimate expectations.

Errors in Representation

Mistakes made by a public authority when communicating promises that affect claims of legitimate expectations.

Health and Safety Grounds

Justifiable reasons that a public authority can have to deny permits or funding, which may be contested on grounds of legitimate expectation.

Judicial Review Remedies

Legal outcomes that can arise from successful judicial review claims, including damages or mandamus.

Detrimental Change of Circumstances

A change in the context that may nullify a previous legitimate expectation.

Fairness in Administrative Actions

The principle that public authorities must treat individuals fairly and justly in their dealings.