英国行政法上合法预期的起源与发展

合法预期在英国发展的总体脉络是由程序性保护发端,向实体性保护走去,赔偿性保护却简约不占主流。它经由一个个判例逐步发展而来。从某种意义上讲,其发展的基础是实用主义而非理论原则。但是,经过法院的持续努力,理论上已蔚为大观,面相也逐渐清晰起来,并形成自洽的体系。英国的合法预期远播海外,然而澳大利亚、新西兰、加拿大等国家在继受中也因本土观念的影响而发生了流变。英国的合法预期与德国的信赖保护、美国的禁止反言有着近似的功效,也有着实质差别。

The general trend of development of legitimate expectation in UK started with the procedural protection, and develops recently towards the substantive protection, while compensatory protection exists but is by no means the mainstream. Actually, legitimate expectation grows up gradually by individual cases. Pragmatism, instead of theoretical principles, serves as the very basis of its development. With constant efforts made by the court, the theory of legitimate expectation has been constructed and taken a form of independent system. As the theory of legitimate expectation in UK spreading overseas, it has evolved in the process of continuation and development in Australia, New Zealand and Canada to satisfy their respective traditions and native legal doctrines. If we compare legitimate expectation in UK with protection of trust in German law and estoppel in US law, we will find that on one hand, they have similar functions; on the other hand, they are distinct from each other substantially