Question

The case in which the doctrine of legitimate expectation made its first appearance is

• A. Associated Provincial Picture Houses Ltd v Wednesbury Corporation
• B. Schmidt v Secy. of State for Home Affairs
• C. O’Reilly v Mackman
• D. Breen v Amalgamated Engg. Union

Hint:

Always associate the "doctrine of legitimate expectation" with Lord Denning and the year 1969 (*Schmidt* case).
This doctrine serves to bridge the gap between a strict legal "right" and a reasonable "expectation" of fair treatment.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks us to identify the landmark English judgment in which the "doctrine of legitimate expectation" was first introduced in administrative law.

Step 2: Key Legal Principles and Approach:
The doctrine of legitimate expectation is a principle of administrative law that protects an individual's reasonable expectation of a procedural or substantive benefit based on a promise, representation, or past practice of a public authority.
We must locate the origin of this term in the English common law system.

Step 3: Detailed Explanation:

• First Appearance of the Term: The term "legitimate expectation" was first coined and applied by Lord Denning in the English Court of Appeal in the case of Schmidt v. Secretary of State for Home Affairs (1969).

• Context of the Case: The case involved alien students who had been granted entry permits to study in the UK.

• When the Home Secretary refused to extend their stay without giving them a hearing, they challenged the decision.

• Lord Denning held that while an alien has no absolute right to enter or remain in the country, they may have a "legitimate expectation" of being allowed to stay for the duration of their permit, which would entitle them to a fair hearing if the permit was revoked prematurely.

• Development of the Doctrine: From this case, the doctrine grew into a major tool of judicial review, ensuring that public authorities act consistently and do not arbitrarily go back on their promises or representations.

• Analysis of other options:

• APPH v. Wednesbury is famous for the concept of "unreasonableness."

• Breen v. Amalgamated Engineering Union and O'Reilly v. Mackman are later decisions dealing with the right to reasons and procedural exclusivity, respectively.

• Therefore, Option (B) is the correct answer.

Step 4: Final Answer:
The doctrine of legitimate expectation was first introduced by Lord Denning in the case of *Schmidt v. Secretary of State for Home Affairs*, making Option (B) the correct answer.