De Smith's Judicial Review, 8th Edition and 1st Supplement

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De Smith's Judicial Review, 8th Edition and 1st Supplement

Author Sir Harry Woolf, Jeffrey L. Jowell, Catherine Mary Donnelly, Ivan Hare
Publication Date 2018
ISBN 9780414064041
Format Hardcover
Publisher Sweet & Maxwell

 

Domestic grounds of review, challenges under the Human Rights Act 1998, and the application of European Community law in judicial review are all covered in the new version. It:

  • Provides answers to the most difficult legal issues involving judicial review.
  • Analyzes the subject's theoretical basis as well as its practise.
  • Provides detailed instructions on what to do at each stage of a judicial review process.
  • Explains the implications of recent case law and procedural changes.
  • Sets judicial review in the context of a rapidly evolving administrative justice system (including "proportionate conflict settlement," the new tribunal system, and ombudsman recourse).
  • Other Commonwealth states, including Australia, Canada, India, New Zealand, and South Africa, have provided important experience.

In addition, the updated version includes:

  • The history, theoretical underpinnings, and principles of judicial review are all covered in this course.
  • The scope of judicial review is explained.
  • Provides authoritative and thorough instruction on judicial review practise and process.
  • Covers all grounds for challenge, including illegality, procedural irregularities, substantive review, Convention rights, and European Community grounds.
  • Clarifies complicated developments in substantive review, such as proportionality and realistic expectations, against the backdrop of a growing "justification culture."
  • Describes the concepts that underpin each type of judicial review.
  • Sets the stage for judicial review and its scope, addressing a variety of concerns that will govern De Smith's approach.
  • Considers the setting in which judicial review is just one of several potential channels of remedy for citizens who have been wronged.
  • Examines people who can file a judicial review suit (claimants), those who have a right to be a party (interested parties), and those who can ask the court for permission to make arguments (interveners).
  • Examines the frequently difficult and contentious issue of which defendants and rulings are amenable to judicial review.
  • Illegality, procedural fairness, and irrationality or unreasonableness are all covered in depth in this book (Substantive Review and Justification)
  • Procedures, remedies, funding, and expenditures are all covered in detail.

TABLE OF CONTENTS of De Smith's Judicial Review

Part I THE CONTEXT OF JUDICIAL REVIEW
1. The Nature of Judicial Review
2. Claimants, Interested Parties and Interveners
3. Defendants and Decisions Subject to Judicial Review
4. Concepts of Jurisdiction and Lawful Administration
5. Illegality

Part II GROUNDS OF JUDICIAL REVIEW
6. Procedural Fairness: Introduction, History and Comparative Perspectives
7. Procedural Fairness: Entitlement And Content
8. Procedural Fairness: Exceptions
9. Procedural Fairness: Fettering of Discretion
10. Procedural Fairness: Bias and Conflict of Interest
11. Substantive Review and Justification
12. Legitimate Expectations
13. Convention Rights as Grounds for Judicial Review
14. Review under European Union Law

Part III PROCEDURES AND REMEDIES
15. The Historical Development of Judicial Review Remedies and
Procedures
16. CPR Pt 54 Claims for Judicial Review
17. Other Judicial Review Proceedings
18. Judicial Review Remedies
19. Monetary Remedies in Judicial Review

Appendices
Note on Citation of Authorites
Classification of Functions

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