Details
"...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)
The new edition of this Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, if offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the seventh edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court.
As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Attention is also given to impact of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the signs from a Court that will be one of the key influences in the development of judicial review in the modern era.
The author, a leading member of the English public law bar, and now has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal.
- JUDICIAL REVIEW HANDBOOK: A DETAILED GUIDE TO THE LAW AND PRACTICE
- A. THE NATURE OF JUDICIAL REVIEW:
- keys to understanding what the Court is doing
- P1 A constitutional guarantee
- P2 Supervisory jurisdiction
- P3 Procedural rigour & flexibility
- P4 Materiality
- P5 Targets
- P6 Sources
- P7 Constitutional fundamentals
- P8 EU law
- P9 The HRA
- P10 Candour & cooperation
- P11 Precedent & authority
- P12 Reviewing primary legislation
- P13 Judicial restraint
- P14 Critical balance
- P15 The forbidden method
- P16 Hard-edged questions
- P17 Evidence & fact
- P18 Costs
- P19 The claim stage
- P20 Interim relief
- P21 The permission stage
- P22 The substantive stage
- P23 Appeal
- P24 Remedies
- P25 Monetary remedies
- B. PARAMETERS OF JUDICIAL REVIEW:
- further dominant themes shaping the law and practice
- P26 Delay
- P27 Public/private law
- P28 Ouster
- P29 Interpretation
- P30 Function
- P31 Context
- P32 Modified review
- P33 Flux
- P34 Reviewability/non-reviewability
- P35 Principle of legality
- P36 Alternative remedy
- P37 Proportionality method
- P38 Standing
- P39 Discretion/duty
- P40 Inalienability
- P41 Legitimate expectation
- P42 Onus
- P43 Severance
- P44 Nullity
- C. GROUNDS FOR JUDICIAL REVIEW:
- public law wrongs justifying the Court's intervention
- P45 Classifying grounds
- P46 Ultra vires
- P47 Jurisdictional error
- P48 Error of law
- P49 Error of fact
- P50 Abdication/fetter
- P51 Insufficient inquiry
- P52 Bad faith/improper motive
- P53 Frustrating the legislative purpose
- P54 Substantive unfairness
- P55 Consistency/equal treatment
- P56 Relevancy/irrelevancy
- P57 Unreasonableness
- P58 Proportionality
- P59 HRA violation
- P60 Constitutionality
- P61 Procedural unfairness
- P62 Consultation
- P63 Bias
- P64 Reasons
- P65 External vitiation
Michael Fordham QC is a Barrister and a member of Blackstone Chambers specialising in public law and human rights. He was Human Rights Lawyer of the Year 2005, Public Law Junior of the Year in 2005, winner of the Bar Pro Bono Award 2006 and Human Rights and Public Law Silk of the Year 2008. He is the joint editor of Judicial Review and a college lecturer in law at Hertford College, Oxford.
“Previous editions of this Handbook have established such high standards that no endorsement is required from me.” – Lord Woolf, House of Lords (from the foreword)
“This book has gone from strength to strength. As Lord Woolf, the former Master of the Rolls notes in his Foreword to the present edition, it continues to be an 'essential aid' to anyone engaged in public law litigation. The long list of decisions in which the book has been referred to – reproduced at the beginning of the volume – speaks volumes for its popularity.” – Journal of the Commonwealth Lawyers Association (of the sixth edition)
