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. 

Table Of Contents Judicial Review 6th Edition 2018 :
Chapter 1    :     Introduction
Chapter 2    :    Judicial Review: the Historical Background
Chapter 3    :     Judicial Review : its Provenance and Scope
Chapter 4    :    The Human Rights Act and Judicial Review
Chapter 5    :    The Ambit of Judicial Review
Chapter 6    :    Illegality : The Problem of Jurisdiction
Chapter 7    :    Discretion and Duty : the Limits of Legality
Chapter 8    :    Unreasonableness
Chapter 9    :    Proportionality
Chapter 10  :    Procedural Rules and Consultation
Chapter 11  :     Natural Justice and Fairness : the Audit Alteram Partem Rule
Chapter 12  :    Bias-- Interest and Favour
Chapter 13  :    Other Grounds of Review
Chapter 14  :    Crown Proceedings
Chapter 15  :    European Union Law
Chapter 16  :    Quashing Orders
Chapter 17  :    Declarations, Injunctions and Money and Restitutionary Remedies
Chapter 18  :    Restrictions on the Availability of Judicial Review
Chapter 19  :    Procedure: the Early Stages
Chapter 20  :    Procedure : Hearings and Appeals
Chapter 21  :    Devolution
Chapter 22  :    Judicial Review in Scotland

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ISBN: 9789386515971

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