Category: Administrative Law

Fetters on Prerogative Powers

Suppose you have a statutory power, which you decide to exercise in a certain way from now on, come what may. Maybe your decision takes the form of a policy. Maybe it takes the form of an agreement. Either way, a British or Canadian court would look at your decision very carefully. ‘Fetters’ on statutory […]

Constitutional Conventions and Legitimate Expectations

Courts and commentators have sometimes said the administrative law doctrine of legitimate expectations is incoherent. They say that the various ways of acquiring a legitimate expectation do not hang together; nothing unifies them. For example, Lord Brown in Paponette v Attorney General of Trinidad and Tobago agreed with a commentator’s description of the doctrine of legitimate expectations […]