De smith judicial review 8th ed

Description

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

The Second Supplement brings the 8th edition mainwork up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas:

• Jurisdictional error and ouster clauses
• Legitimate expectations
• The duty to give reasons
• Substantive unfairness and equality
• Intensity of proportionality review
• Discrimination cases under the Human Rights Act and domestic law

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; 

Part II Grounds of Judicial Review; 

4. Concepts of Jurisdiction and Lawful Administration; 

5. Illegality; 

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. Judicial Review Remedies; 

16. Judicial Review Procedure

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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.

Authors: Harry Woolf, Jeffery Jowell, Catherine Donnelly, Ivan Hare

• 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.

  The 2nd Supplement was published in December 2019
  The 1st Supplement was published in December 2018
  The Main Work was published in March 2018
  De Smith's Judicial Review:-
  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.