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[34] What the appellant is claiming here is not just a right to
a fair hearing before the State Authority revoked its
approval of alienation of the said land. Its complaint is not
confined to procedural impropriety on the part of the State
Authority. It goes beyond that. It expects to get the
„substance‟ of the expectation itself, namely, the qualified
titles to the said lots once it had shown that it was deprived
of its legitimate expectation.
[35] Decided cases however had shown that the doctrine of
legitimate expectation cannot be applied indiscriminately in
all cases. It does not apply to every single case of denial of
a fair hearing or opportunity to make representation before
a decision is made. Thus in Council of Civil Service
Unions & Ors v Minister for Civil Service, supra the
House of Lords held that the appellants had no legitimate
expectation to prior consultation before the minister varied
the terms and conditions of service of the staff to the effect
that they would no longer be permitted to belong to national
trade unions on the grounds of national security. Lord
Diplock at page 412 said:
“National security is the responsibility of the executive
government ..... It is par excellence a non-justiciable question.
The judicial process is totally inept to deal with the sort of
problems which it involves”.
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