legitimate expectation singapore law doctrine legitimate expectation singapore protects procedural substantive rights administrative law legitimate expectation generally arises representation certain outcome public authorities individual representation abuse power doctrine legitimate expectation ground decisions public authorities firmly established english courts public authority representation individual affected decision authority individual legitimate expectation views heard decision taken alternatively individual legitimate expectation substantive right recognition substantive legitimate expectations somewhat controversial requires balancing requirements reasons change authority policy suggests adoption free standing approach said apply administrative law procedural dimension doctrine legitimate expectation recognized singapore courts substantive form doctrine courts adopt approach regard measuring legitimate expectation ruler remains open question development doctrine english courts legitimate expectation procedural right doctrine legitimate expectation originates common law principles english courts developed doctrine largely encourage good administration prevent abuses decision makers generally courts grant judicial review administrative decision based individual legitimate expectation public authority representation individual powers individual representation clear promise established practice public announcement largely factual inquiry key idea certain circumstances representation public authority individual affected decision authority individual heard decision deny right heard amounts court inclined decision reliance individual representation demonstrated house_of_lords decision minister case case involved trade unions employees government signals intelligence department argued expectation consulted minister took decision deny right join trade unions minister argued necessary step trade unions conducting strikes crippled operations threatened national security united_kingdom court established past trade unions consulted employment related matters rule clearly recognized individual legitimate expectation consulted decision taken proven practice representation come form clear promise hear individual established practice consult affected taking decision nonetheless facts case agreed review minister decision legitimate expectation decision national security grounds legitimate expectation substantive benefit english courts initially recognizing individual legitimate expectation substantive benefit arising representation authorities notion protecting substantive legitimate expectation espoused high_court decision shore fisheries ltd controversial case justice formulated framework legitimate expectations balance requirements decision maker reasons change policy step development doctrine prescribed treaty european_union case law decision fabric judicial review banner expanding doctrine fair administration despite clear rejection self standing ground review house_of_lords secretary state court appeal opined secretary state matters substance contrasted procedure provides correct test high_court introduced idea public authority decision unlawful kept corners matters ought consider come conclusion reasonable authority come claimed substantive expectation court judge expectation protected broader public interest court intervene decision maker exercise discretion satisfied threshold courts role protecting substantive legitimate expectations clearly established wales north case involved promised local authority new nursing home home life court granted application review ground legitimate expectation substantive benefit staying nursing home promised local authority set approach taken procedural substantive legitimate expectations procedural legitimate expectations concerned courts require opportunity consultation given reason national security concern arose case regards substantive legitimate expectations courts decide cases lie called political field expectation confined person people giving promise representation character contract situation public authority required bear mind previous policy representation giving weight thinks right deciding change course court review authority decision ground hand assessing case second situation court decides authority expectation unfair amounts abuse power court weigh requirements individual interests relied authorities justify change policy slightly different approach adopted lord justice appeal secretary state education employment suggested categories sealed secretary state expanded taking approach public body promise practice future conduct denied circumstances public body legal duty response court judge judge having regard legitimate aim pursued public body public interest view expressed court assess unfair authority legitimate expectation expectation confined person people giving promise representation character contract secretary state foreign accepted members group close thousand thousand people legitimate expectation substantive benefit following government announcement intentions person convinces court substantive legitimate expectation frustrated usual remedy court order public authority expectation borough council held decision question informed social political value priorities expenditure appropriate authority decision court order authority merely reconsider decision taking account person substantive legitimate expectation criticized allowing doctrine affect administrative law court judge merits case granting review grounds substantive legitimate expectation sense discretion executive branch government arguably inconsistent court traditional role judicial review avoid examining merits administrative decisions compliance law singapore legitimate expectation procedural right courts accepted existence procedural substantive legitimate expectations malaysian national declared prohibited immigrant section immigration act entry permit singapore employment pass cancelled appeal minister home affairs rejected took application high_court decision minister ground application legitimate expectation procedural rights opportunity representations minister considered case immigration act duty minister reasons decision judgment justice considered secretary state home affairs decided wales found procedural principles govern administration singapore immigration laws similar decided alien right enter country leave home secretary refuse leave giving reason alien given leave enter country limited period right stay legitimate expectation allowed stay day longer permitted period alien application extension stay refused reasons hearing rules natural justice apply furthermore lord espoused view alien permit stay revoked time limit ought given opportunity making representations legitimate expectation allowed stay permitted time argument advanced counsel persuade court alien possession entry permit expired country date interest portion carries public law right fair procedure minister desires terminate leave stay prematurely high_court judge considered proposition conceded attractive ultimately dismissed argument saying supported english authority position singapore different stated parliament provided immigration act appeals right heard given statutory recognition protection act right appeal minister required reasons rejection appeal common law immigration act legitimate expectation substantive benefit existence doctrine substantive legitimate expectation singapore public law accepted case public prosecutor judgment written behalf court chief justice stated idea doctrine certain expectations suitable circumstances protection acquire force legal right nonetheless court stated concerned judicial review deciding claim legitimate expectation future applying interpretation gave life imprisonment separate matter consideration decided cases indicate doctrine substantive legitimate expectation developed way developed argument raised legitimate expectation continue reside singapore entry permit distinguished attorney general hong_kong case appeal hong_kong case hand case express promise government hong_kong created substantive legitimate expectation present case promise stay singapore considerations provided immigration act related regulations substantive legitimate expectation arose favour following lord case legitimate expectation arises express promise given behalf public authority existence regular practice reasonably expect continue judge discuss detailed legal rules applied determine person said legitimate expectation substantive right husband owned semi detached house wished issued circular imposing certain restrictions redevelopment semi detached houses rejected redevelopment application basis circular counsel argued high_court legitimate expectation proposal house approved court held acted way led legitimate expectation adopted conditions set 6th determine legitimate expectation created public body representation clear devoid relevant qualification induced conduct decision maker person actual authority applicable belongs class persons representation reasonably expected apply legitimate expectation arisen circular issued act accordance guidelines circumstances exception argued legitimate expectation substantive right court decided clear representation approach taken substantive legitimate expectations singapore marine singapore high_court entertain doubt doctrine substantive legitimate expectation singapore law discuss matter attorney general submissions issue subsequently differently constituted high_court held substantive legitimate expectation recognized ground judicial review following conditions satisfied prove statement representation public authority statement representation open natural interpretation interpretation applied public authority adopted presence non reliance clause cause statement representation qualified prove statement representation actual authority behalf public authority prove statement representation class persons clearly belongs prove reasonable rely statement representation circumstances case knew statement representation error chose error entitled relief similarly suspected statement representation error chose seek entitled relief iii reason opportunity entitled relief prove rely statement representation suffered result requirements met court grant relief giving effect statement representation result breach law state international obligations giving effect statement representation rights member public iii public authority national public interest frustration expectation assessment academics expressed doctrine legitimate expectation apply substantive rights argues legitimate expectations relate procedural substantive rights procedural protection minimal impact administrative autonomy relevant public authority court concerned manner decision decision fair ultimate autonomy public authorities placed jeopardy conversely giving effect substantive legitimate expectation separation powers authority entrusted parliament decisions allocation resources public interest applying legitimate expectation allows courts merits decision interference public authority discretion role exceeding proper constitutional function hand cited following passage public authority conducts create legitimate expectation certain course followed unfair authority permitted follow different course entertained expectation particularly acted doctrine legitimate expectation rooted emphasized approach taken case formal distinction procedural substantive substantive legitimate expectation executive policy making powers public authorities acting statutory powers adopt change policies reasons usually open judicial review hand job courts determine authority application policy individual led expect different exercise power cases singapore singapore law reports reissue high court singapore public prosecutor singapore archived original december high_court singapore singapore united_kingdom minister house_of_lords case north wales borough council works peter anthony gordon legitimate expectations textbook administrative law 6th oxford new_york isbn articles knight january expectations transition recent developments legitimate expectations public law june legitimate expectations english law approach roberts january public law representations substantive legitimate expectations modern law review sales philip karen legitimate expectations english law analysis public law paul substantive legitimate expectations public law april substantive legitimate expectations striking right balance law quarterly review watson jack december clarity ambiguity new approach law legitimate expectations books administrative law oxford new_york isbn thomas robert oxford isbn wade william christopher administrative law 10th oxford isbn
Legitimate expectation in Singapore law