Abstract
1. This article attempts to tie together two common themes in previous articles in this journal.1 These are the doctrine of “legitimate expectations” and the analytical tool of “deference”. The notion of “deference” is declining to adjudicate due to direct or concomitant determination of law or policy. The doctrine of legitimate expectations in English law protects individuals from changes to representations made by government bodies. This protection can arise by giving individuals either due process rights or substantive rights.2 However, in English law the doctrine by and large follows the former approach over the latter. This can be stated to be “deferential” to the law and policy maker.
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