De Smith's Judicial Review, 9th Ed | 2023


De Smith's Judicial Review, 9th Ed | 2023

Author Ivan Hare KC, Catherine Donnelley SC, Joanna Bell
Edited by: Lord Robert Carnwath CVO
Publication Date June 2023
ISBN 9780414111745
Hard Cover 
Publisher Sweet & Maxwell

"De Smith’s Judicial Review" is the foremost resource on the history, principles, and practice of judicial review in England and Wales.

Key Features of De Smith's Judicial Review, 9th Ed:

- Explores the history, theoretical foundations, and principles of judicial review.
- Thoroughly addresses all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights, and grounds based on retained EU law.
- Clarifies recent complex changes in substantive review from Supreme Court cases, such as the use of Parliamentary materials in proportionality assessments (SC), policy-based challenges (A), significant devolution cases concerning referenda, the Ireland/Northern Ireland Protocol, and the impact of the Windsor Framework on Northern Ireland.
- Provides an overview of the context and scope of judicial review, addressing foundational issues that guide the text's approach.
- Explores alternative avenues of redress for aggrieved citizens.
- Analyzes who may initiate a judicial review claim (claimants), who has the right to be a party (interested parties), and those seeking court permission to submit as interveners.
- Offers comprehensive coverage of procedures and remedies, including new suspended quashing orders and the heightened emphasis on procedural rigour in the Administrative Court.
- Discusses reform proposals, including the Bill of Rights Bill.
- Includes comparative material from other leading common law jurisdictions.

Ninth Edition Updates:

-Provides extensive coverage of the law and practice of judicial review, incorporating comparative material from other leading common law jurisdictions.
- Thoroughly rewritten and updated to reflect recent doctrinal developments and theoretical debates.
- Covers recent changes to the law on remedies, limiting judicial review by ouster clauses, retained EU law, separate agreement law, and future relationship law.
- Examines the Ireland/Northern Ireland Protocol and the Windsor Framework.
- Discusses reform proposals, such as the Bill of Rights Bill.

Contents of De Smith's Judicial Review, 9th Ed:

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

Part II: Grounds of Judicial Review
4. Concepts of Jurisdiction and Lawful Administration
5. Illegality
6. Substantive Review and Justification
7. Legitimate Expectations
8. Procedural Fairness: Introduction, History and Comparative Perspectives
9. Procedural Fairness: Entitlement And Content
10. Procedural Fairness: Exceptions
11. Procedural Fairness: Fettering of Discretion
12. Procedural Fairness: Bias and Predetermination
13. Convention Rights as Grounds for Judicial Review
14. Review under European Union Related Law

Part III: Procedure 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

Appendix A
Procedural Checklist

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