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- Title
Clarity and ambiguity: a new approach to the test of legitimacy in the law of legitimate expectations.
- Authors
Watson, Jack
- Abstract
This paper examines the legitimacy element of the doctrine of legitimate expectations in English administrative law. It argues that the underlying principle is the voluntary assumption of responsibility that comes from analysing a promise as a social convention. From this underlying principle, it argues that the current 'clear unambiguous representation' test is insufficiently certain and instead advocates a three-stage test centred round the courts' ability to make an order, the objective construction of the promise and the decision makers' intent. This test, it is argued, explains the decided cases, as well as providing a robust structure for future decisions.
- Subjects
AMBIGUITY; LEGITIMACY of governments; ADMINISTRATIVE law; PROMISE (Law); LEGAL liability; COURT administration
- Publication
Legal Studies, 2010, Vol 30, Issue 4, p633
- ISSN
0261-3875
- Publication type
Article
- DOI
10.1111/j.1748-121X.2010.00177.x