Judicial Review 6th Edition 2018

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Judicial Review 6th Edition 2018

Author Helen Fenwick
Publication Date 2018
ISBN 9789386515971
Publisher Lexis Nexis


This new 6th edition of this work, is concerned with the impact of a range of new developments which have now more fully taken effect, rather than with their innovation. I have continued to undertake the editorship which I took over for the 4th edition from The Hon Mr Justice Supperstone, James Goudie QC and The Hon Mr Justice Walker. This edition comes at a point when the Human Rights Act 1998 has been in force for 17 years; it takes account of recent significant developments under that Act affecting judicial review due to thorough revision of CHAPTER 9, on proportionality, which was originally introduced as a new Chapter in the 4th edition. The chapter sets out to provide a rigorous analysis of how proportionality works, examining the way that UK judges have handled it in judicial review cases. CHAPTER 4, explaining the impact of the Act on judicial review, has been considerably revised in this edition to consider a number of recent significant cases on the relationship between the domestic courts and the Strasbourg Court, under the Act. Similarly, CHAPTER 21, dealing with devolution, has been revised to take account of a range of developments in that area over the last eight years, pointing out that the political sensitivities involved and the complexity of the devolution arrangements, have led to quite frequent resort to the courts by way of judicial review.

Developments in the law of judicial review in Scotland, and in European Union law as it affects judicial review, are described in CHAPTERs 22 and 15 respectively, and CHAPTER 15 considers new developments in EU law in respect of fundamental human rights. It covers the (obviously) highly significant matter of 'Brexit': the government's notification in 2017 of the UK's intention to withdraw from the EU and the nature of the 'Great Repeal Bill' to repeal the European Communities Act 1972 and to convert the body of existing directly applicable EU law into domestic law. As regards the substantive and procedural law of judicial review in England and Wales, as described in other chapters of this edition, there have been substantial developments in a number of areas over the last 12 years. In this edition CHAPTER 8 is concerned only with the principle of 'reasonableness', since proportionality receives extended treatment in CHAPTER 9; CHAPTEr 8 points out that there is no longer a consistent test as to what makes a decision unreasonable; the intensity of review now depends on the context, which includes the importance of the rights affected by the decision. The chapter focuses in particular on developments in the law relating to 'substantive legitimate expectations'. CHAPTER 11 deals with the rules of natural justice, ending with consideration of the relevance of Article 6 ECHR in this context. In CHAPTER 12, dealing with bias, recent developments relating to the tension between predisposition and
predetermination are explored.

As CHAPTER 13, considering other grounds of review, explains, the extent to which the courts envisaged review for mistake of fact as independent of review for unreasonableness has recently been clarified. Mistake of fact is now well established as a separate ground of review. CHAPTER 19, dealing with the early stages of procedure, discusses the recent changes to the traditional approach to disclosure which mean that it has become more flexible and less prescriptive.
The objective of this edition has been two-fold. First, it has been to ensure that all recent developments in judicial review have been covered. That I hope has been achieved with the assistance of our distinguished team of contributors to whom I am indebted for their efforts. This edition has welcomed a number of new contributors with whom it has been a pleasure to work. Secondly, it has been to set individual chapters in context with extensive cross-references to relevant discussion elsewhere in the book. bowinnos gued190.

In this regard, I must of course acknowledge the debt this edition owes to the work of The Hon Mr Justice Supperstone, James Goudie QC and The Hon Mr.
Justice Walker in bringing previous editions of this work to completion. For all the patience, encouragement and support received from the publishers, I am very grateful.
Tort 0з suELord Bingham sadly died as the fourth edition of this work reached comple-tion. We have included his Foreword exactly as it was written in 2005 for the 3rd edition, as a mark of respect for him.
1032 RAnini The work endeavours to state the law as at 28 February 2017.

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