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De Smith's Judicial Review (6th Edition), Mainwork & Supplement

De Smith's Judicial Review (6th Edition), Mainwork & Supplement

Author: The Right Hon Lord Woolf; Professor Jeffrey Jowell, QC; Professor Andrew Le Sueur; Catherine M Donnelly
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847034670
Published In: December 2009
Format: Hardback
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Reviews

Details

The leading work on the principles and practice of judicial review, De Smith’s Judicial Review:

Deals authoritatively and comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and European Community grounds
Provides guidance on the practice and procedure of judicial review, setting out what to do at each stage of the process
Details the different remedies available, such as injunctions, prerogative orders, and pecuniary remedies, so you can advise your client effectively on the best course of action
Explains the relationship between judicial review, ombudsmen, tribunals and other methods of redress
Assesses which decisions are subject to judicial review and who may be a claimant, third party or intervener, and provides guidance on who may be party to a claim
Covers the history, theoretical foundations and principles of judicial review
Draws on relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa
Covers the impact of the Human Rights Act 1998 the latest developments in Civil Procedure Rules relating to judicial review, and Tribunals, Courts and Enforcement Act 2007

The context of judicial review

Judicial review and administrative justice
Claimants, interested parties and interveners
Defendants and decisions subject to judicial review
Concepts of jurisdiction and lawful administration

Grounds of judicial review

Illegality
Procedural fairness: introduction, history and comparative perspectives
Procedural fairness: entitlement and content
Procedural fairness: exceptions
Procedural fairness: fettering of discretion
Procedural fairness: bias and conflicts of interest
Substantive review and justification
Legitimate expectations
Convention rights as grounds for judicial review
Review under European Community law

Procedures and remedies

History of procedures and remedies
Judicial review claims under the Civil Procedure Rules, pt 54
Other judicial review proceedings
Remedial orders in judicial review
Monetary remedies in judicial review

"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