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KembaraXtra – Legal Terms – Legitimate Expectation
Legitimate expectation is a principle in administrative law that protects individuals from unfair changes in decisions by public authorities. It arises where a public authority has created an expectation—either through promises or consistent past practice—that a certain procedure or benefit will be provided.
There are two main types: procedural and substantive. Procedural legitimate expectation concerns the right to a fair process (such as being heard before a decision is made), while substantive legitimate expectation relates to the expectation of receiving or retaining a benefit. Failure to honor such expectations may be challenged through judicial review as an abuse of power.
Legitimate expectation is a principle in administrative law that protects individuals from unfair changes in decisions by public authorities. It arises where a public authority has created an expectation—either through promises or consistent past practice—that a certain procedure or benefit will be provided.
There are two main types: procedural and substantive. Procedural legitimate expectation concerns the right to a fair process (such as being heard before a decision is made), while substantive legitimate expectation relates to the expectation of receiving or retaining a benefit. Failure to honor such expectations may be challenged through judicial review as an abuse of power.
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