Doctrine of Legitimate Expectation

Q1. The doctrine of legitimate expectation guarantees:

1. That the public authority must deliver the substantive outcome promised
2. A process of fair hearing before the expectation is defeated, but not necessarily the outcome expected
3. That any representation made by a public authority is legally binding
4. That courts must enforce government promises made in writing

Q2. A government department, following a consistent practice of renewing a contractor's licence for ten years, suddenly refuses renewal without any hearing. Can the contractor invoke legitimate expectation?

1. No, because past practice does not create a legal right to renewal
2. Yes, because the past practice of renewal is a representation upon which the contractor has relied, and they are entitled to a fair hearing before it is defeated
3. Yes, and the court must order the licence to be renewed
4. No, because legitimate expectation only applies to promises made in writing

Q3. The doctrine of legitimate expectation cannot be invoked to enforce a representation that:

1. Was made verbally rather than in writing
2. Was made by a junior officer of the public authority
3. Is contrary to law or that the authority had no power to make
4. Was made more than one year before the person seeks to rely on it

Q4. The doctrine of legitimate expectation is described in the passage as operating in the domain of:

1. Constitutional law, as a right derived from Article 21
2. Administrative law, as a principle of procedural fairness
3. Contract law, as an implied term of government contracts
4. Criminal law, as a defence against arbitrary prosecution

Q5. A regulatory authority publishes a policy stating that all licence applications received by a certain date will be processed within 60 days. An applicant, relying on this policy, structures their business plan around the 60-day timeline. The authority takes 180 days. Can the applicant invoke legitimate expectation?

1. No, because the policy only concerned processing timelines, not the grant of the licence itself
2. Yes, because the published policy is a representation upon which the applicant relied, entitling them to a hearing before the policy is departed from
3. Yes, and the court must compel the authority to process the application within 60 days
4. No, because regulatory timelines are aspirational and cannot give rise to legitimate expectation