Legitimate expectations\u00a0arise most commonly in relation to procedural requirements. \u00a0The principle may also apply to substantive practices.\u00a0 The position is better to establish the relation to procedural rules.<\/p>\n
The person affected need not necessarily show that he has been induced to act to his determent.\u00a0 It may be sufficient that the person concerned has knowledge of the prior practice, and has relied on it. There is some inconsistency in the approach of the courts to the question of whether the applicant or person concerned must be aware of the practice.<\/p>\n
In most cases where legitimate expectations have been recognized, the parties affected have been aware of the practice.\u00a0 However, there have been cases where legitimate expectation have been upheld on the part of persons who are unaware of the relevant practice. This has occurred in immigration cases, where persons might have entered the country without prior knowledge of the relevant practice.<\/p>\n
The expectation must itself be legitimate.\u00a0 If the expectation is for a windfall, inherently unreasonable or is due to an error in administration, the expectation would not be legitimate. There is no legitimate expectation that the law will not change.\u00a0 Where the State has not enforced laws in a particular area, it is unlikely that the person will be held to have a legitimate interest that the State will never do so.<\/p>\n
The principle of legitimate expectations may merge into the principle of promissory estoppel when representations are made to individuals on which they reasonably rely. Specific representations by a public authority may give rise to a promissory estoppel where the person affected reasonably relies on it to his or her determent.\u00a0 However, the legitimate expectation does not necessarily so require.<\/p>\n\n
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Legitimate Expectations and Public Bodies The principle of legitimate expectations may apply to public bodies.\u00a0 The principle protects the legitimate expectations of citizens against arbitrary and unexpected changes in administrative procedure and practice. The legitimate expectations principle may require public bodies to abide by commitments, practice and procedure in certain circumstances.\u00a0 The principle has become […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[130],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5091"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=5091"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5091\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=5091"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=5091"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=5091"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}