Legitimate Expectation in UK Law
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Legitimate Expectation and Social Security Law Under the European Convention of Human Rights
The concept of ‘legitimate expectation’ is one which has developed to different degrees in the domestic laws of contracting states of the Council of Europe. The European Court of Human Rights tends...
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Could banning virtual assets be a breach of the doctrine of legitimate expectation?
Purpose: This paper aims to examine the validity of a state’s prohibition on virtual assets in the context of its global commitment to battle against money laundering. Design/methodology/approach:...
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Increasing Pension Ages in Greece and Ireland: A Question of Legitimate Expectations
This paper examines the changes to pension ages in Greece and Ireland precipitated by the global financial crisis and introduced as a result of the Greek and Irish bail-outs. The paper analyses whe...... ... e paper analyses whether pensioners in the two jurisdictions had a legitimate expectation that such changes would not occur or whether they had a legitimate expectation that such changes would not be introduced without transitional ... ...
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Her treatment at and around the meeting was deplorable: might safeguarding itself constitute abuse?
Purpose: The purpose of this paper is to report and analyse a recent case, in which the safeguarding procedure adopted by one local authority was criticised by the High Court. It also seeks to iden...... ... unlawfully,in a manner that breached natural justice and a legitimate expectation to which it had itself given rise.The case raises a number of ... ...
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Raising the Expectation Interest: New Labour and the Citizen's Charter
The Citizen's Charter is essentially a charter for consumers of public services rather than a blueprint for enhancing the constitutional and political rights of the ...
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ADMINISTRATIVE LAW AND JUDICIAL REVIEW – THE PRACTICAL EFFECTS QF DEVELOPMENTS OVER THE LAST 25 YEARS ON ADMINISTRATION IN CENTRAL GOVERNMENT
The writer of this article served in the legal civil service from 1951–1984, mainly in the Board of Trade and its successor departments but from 1980–1984 as Treasury Solicitor. The article reflect...... ... difficulty; (2) the recently enunciated doctrine of legitimate expectation whose limits are uncertain but which may have ... ...
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Public Law Representations and Substantive Legitimate Expectations
... ... public body was held to the representation or the original policy criteria was still the public body’s chosen option? Is a legitimate expectation aroused in the applicant, and if so, does it give rise only to a procedural protection: 2 a right to be heard as to whether the original policy ... ...
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Charanne v Spain and Eiser v Spain: Comparative Case Analysis on Legitimate Expectations and Fair and Equitable Standard
... ... On the contrary it concludes that the content of the FET standard, particularly interpretation of what constitutes legitimate expectation for breach of the FET is contradictory and incoherent as a result of the decisions of both the tribunals. Analysis of both the decisions is relevant ... ...
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The Legitimacy of International Institutions among Rising and Established Powers
The expectation that state voice drives perceptions of the legitimacy of international institutions is a common theme in academic scholarship and policy discourse on global power shifts. This artic...... ... University, andUniversite Catholique de LouvainAbstractThe expectation that state voice drives perceptions of the legitimacy of international ... elites perceive of international institutions as more or less legitimate. These ndings suggestthat only institutional reforms which are seen to ... ...
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The Unified Patent Court and the frustrated promise of IP protection: Investors’ claims in (post-)Brexit Britain
Tensions between the EU’s legal order and the international investment law regime are not exclusive to the Brexit era, but they certainly gained momentum in the aftermath of this referendum. By inc...... ... of Brexit, the British government arguably shaped (il)legitimate expectationson the part of investors who aimed at exploiting their ... as unilateral declaration, indirect expropriation, reason-able expectation, estoppel, and public policy exception, under both EU law and ... ...
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