Legitimate Expectation in Administrative Law

The theory of legitimate expectation has been raised as one of the means of judicial review over exercising discretionary power in some European countries, including UK. This theory was initially considered by Schmidt's case, but this theory has been seriously criticized and many English lawyers and judges made serious doubts about it. In this paper, while outlining different perspectives, answers the question "What is the nature of the legitimate expectation and the challenges posed on this theory in the England Administrative Law System? Although the foundations of legitimate expectation have been based on "fairness", there is no single view on the nature and function of "legitimate expectations". Doubtful about accepting a substantive legitimate expectation in England and not accepting it in New Zealand and Australia, The concept of "prohibition of abuse of power" in the issuance of certain judicial opinions, the violation of the principle of separation of powers and rival concepts, such as the principle of proportionality, has posed legitimate expectations with serious challenges. These challenges have caused this concept to not have the characteristics of a legal principle.