De Smith's Judicial Review 9th Edition

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

Key features:

• Covers the history, theoretical foundations and principles of judicial review.
• Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and grounds based on retained EU law.
• Clarifies complex changes in substantive review, as a result of recent Supreme Court cases including the use of Parliamentary materials in assessing proportionality (SC), challenges based on policies (A), significant cases on devolution concerning referenda and the Ireland/Northern Ireland Protocol; and the impact of the Windsor Framework on Northern Ireland.
• 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 other 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
• Includes full coverage of procedures and remedies, including new suspended quashing orders and the increased emphasis on procedural rigour before the Administrative Court.
• Considers reform proposals including the Bill of Rights Bill.
• Includes comparative material form other leading common law jurisdictions

New material in the Ninth Edition:

The Ninth edition includes comprehensive coverage of the law and practice of judicial review with extensive comparative material from leading common law jurisdictions. This edition has been thoroughly re-written and updated to take account of recent doctrinal developments and theoretical controversies. It includes recent changes to the law on remedies and limiting judicial review by ouster clauses. It examines retained EU law, separate agreement law, and future relationship law, the Ireland/Northern Ireland Protocol and the Windsor Framework. It also covers proposals, such as the Bill of Rights Bill.

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 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

Appendix A

• Procedural Checklist