De Smith's Judicial Review 8th edition

De Smith's Judicial Review 8th edition

By Lord Woolf

Book

$604.00 RRP

Date: 03/04/2018

Code: 9780414064041

Sweet & Maxwell, UNITED KINGDOM

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Book De Smith's Judicial Review 8th edition 03/04/2018 9780414064041 $604.00 Add to cart

Description

De Smith is the leading work on the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent developments in the area. Frequently cited in judgments, De Smith’s status as an authoritative account of the law is widely recognised. “Passes with distinction the only test that matters to lawyers who are advising clients, or to judges who have to decide cases: it supplies the answers to complex legal problems ... it is superbly written." – The Times
 
The new edition deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review. It:

  • Provides solutions to the most complex legal problems relating to judicial review.
  • Analyses both the theoretical foundations of the subject and its practice.
  • Supplies comprehensive guidance on what to do at every stage of an action for judicial review.
  • Explains the impact of the latest case law and procedural developments.
  • Sets judicial review in the context of the fast-changing administrative justice system (including “proportionate dispute resolution”, the new tribunal system, recourse to ombudsmen).
  • Draws on relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa.

 

Additionally, the new edition:

  • Covers the history, theoretical foundations and principles of judicial review.
  • Explains the scope of judicial review
  • Provides authoritative and comprehensive guidance on the practice and procedure of judicial review.
  • Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and European Community grounds.
  • Clarifies complex changes in substantive review, including proportionality and legitimate expectations, against a background of a developing “culture of justification”.
  • Sets out the principles underlying each area of judicial review
  • Sets out the context of judicial review and its scope, considering at the outset a number of issues which guide De Smith’s approach
  • Considers the context in which judicial review is but one of a number of possible avenues of redress for aggrieved citizens
  • Examines those who may initiate a claim for judicial review (claimants); who have a right to be a party (interested parties) and those who may seek permission from the court to make submissions as interveners.
  • Considers the often complex and controversial questions of which defendants and decisions are subject to judicial review
  • Deals comprehensively with the grounds of review in the following categories: illegality, lack of procedural fairness and irrationality or unreasonableness (Substantive Review and Justification)
  • Full coverage of procedures and remedies, funding and costs.

Table of Contents

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
Procedural Checklist

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