Legitimate expectation in Bangladeshi law

The Bangladesh Supreme Court

The doctrine of legitimate expectation in Bangladesh is a ground for filing writ petitions under Article 102 of the Constitution of Bangladesh. Writ petitions are an indirect system of judicial review in Bangladesh. Legitimate expectation concerns judicial review in administrative law. It is based on the principles of natural justice and fairness, and seeks to prevent abuse of power and Wednesbury irrationality, by public authorities. The doctrine of legitimate expectation seeks to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. A key facet of this doctrine is that a public authority must provide an explanation based on reasonable and fair grounds for its decision. The doctrine was firmly established by the English courts. The Supreme Court of Bangladesh began referring to the doctrine in 1987. It was expressly referred in judgement for the first time in 2000.[1]

Development in the Commonwealth


Wonford Road in Exeter, UK. Near this place along the same road is the Royal Devon and Exeter NHS Foundation Trust's Mardon Neuro-Rehabilitation Centre. When it was known as Mardon House, its threatened closure led to a 1999 judgment, ex parte Coughlan, in which the Court of Appeal of England and Wales said a disabled resident's legitimate expectation that she would have a "home for life" there had been breached by a health authority then managing the facility.

Some of the pioneering cases of the doctrine in British law are Schmidt v. Secretary of State for Home Affairs (1968), O'Reilly v. Mackman (1983), Council of Civil Service Unions v. Minister for the Civil Service (the GCHQ case, 1983).[2] and R. v. North and East Devon Health Authority, ex parte Coughlan (1999).[3]

In a 1983 case, Attorney-General of Hong Kong v. Ng Yuen Shiu, the Privy Council held it was a breach of a procedural legitimate expectation for the Director of Immigration not to fulfil an undertaking to give an illegal immigrant a chance to make representations before deciding to deport him.


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