De Smith’s Judicial Review remains the definitive authority on the development, principles, and practical application of judicial review in England and Wales.
Key Features of De Smith's Judicial Review 9th Ed with Supplement:
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Provides an in-depth account of the history, theoretical underpinnings, and key principles of judicial review.
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Offers comprehensive coverage of all grounds for challenge, including illegality, procedural unfairness, substantive review, Convention rights, and issues arising from retained EU law.
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Explains recent developments in substantive review, drawing on major Supreme Court decisions—such as those addressing the use of Parliamentary materials in proportionality assessments, policy-based challenges, devolution disputes related to referenda and the Ireland/Northern Ireland Protocol, and the implications of the Windsor Framework for Northern Ireland.
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Outlines the broader context and scope of judicial review, addressing preliminary issues that shape De Smith’s analytical framework.
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Discusses alternative remedies available to individuals seeking redress against public authorities.
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Analyses the parties involved in judicial review—claimants, interested parties, and interveners—and the conditions under which each may participate.
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Provides detailed coverage of procedural aspects and available remedies, including the introduction of suspended quashing orders and the growing procedural strictness of the Administrative Court.
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Evaluates recent reform initiatives, such as the proposed Bill of Rights Bill.
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Incorporates comparative insights from other major common law jurisdictions.
The First Supplement updates the 9th edition of the mainwork, incorporating recent cases that either refine existing principles or offer valuable illustrations of judicial review practices. The cases covered include:
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The Retained EU Law (Revocation and Reform) Act 2023
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Recent rulings on devolution, such as the Supreme Court's decision regarding the Northern Ireland Abortion Services (Safe Access Zones)
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Re Dillon’s Application for Judicial Review [2024] NIKB 11, related to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
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The Rwanda case
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Recent rulings on ouster clauses and the authority to issue suspended quashing orders (subject to conditions)
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Developments in the judicial review of policies

