Administrative / Constitutional Law

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

Edited by The Right Hon Lord Woolf · Professor Jeffrey Jowell, QC · Professor Andrew Le Sueur · Catherine M Donnelly
Sweet & Maxwell U.K. December 2009

Specifications

ISBN-13
9781847034670
Publisher
Sweet & Maxwell U.K.
Publication
December 2009
Format
Hardback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

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

Table of Contents

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

Reviews

"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

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