Judicial Review in Ireland, 3rd Edition

Author: Mark De Blacam
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781780437026

Previous Edition ISBN: 9781847661432
Published In: February 2017
Format: Hardback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 4,095.00

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Description
Contents

Details

Judicial Review, 3rd edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011. It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom.

Judicial Review is divided into two main sections:

1. Conventional judicial review: Procedure governing conventional judicial review found in Order 84 of the Rules of the Superior Courts 1986 to 2011.

2. Statutory Judicial Review: Specialised statutory schemes of judicial review relating to specific areas of public decision-making which have been singled out by the Oireachtas as warranting specialised schemes because of the policy concerns involved. Statutory schemes and the procedure involved are covered by legislation specific to that area and apply to areas such as asylum, pollution control, planning and the takeover of companies.

Introduction
The Justification for Review
Standing for the Purpose of Review
The Decisions Subject to Review: an Overview
The Decisions Subject to Review: The Case Law
The Principles of Review
The Effect of Review
Jurisdiction and Legality: An Introduction
Jurisdiction and Legality: The Case Law
Error of Law on the Face of the Record
The Requirement of Fairness in Public Law
Bias
The Requirement of a Fair Hearing
The Requirement that Reasons be Given
Legitimate Expectations
Breach of Constitutional Rights
Proportionality
Breach of the European Convention of Human Rights
Breach of other International Agreements
Review for Unreasonableness and Abuse of Power
Fraud, Bad Faith and Misuse of Power
Breach of European Law
Review as a Discretionary Remedy
The Conduct of the Applicant
Failure to Exhaust Alternative Remedies
Delay
Futility
Certiorari
Mandamus
Prohibition
Declaration
Injunction
Damages
An Introduction to Judicial Review Procedure
Preliminary Procedure including the Application for Leave
Post-leave Procedure
Interlocutory Applications
The Hearing of the Review Application
The Decision of the Court and Appeals to the Supreme Court
Costs
An Introduction to Statutory Judicial Review Procedure
Procedure in Planning Cases
Procedure in Immigration and Refugee Cases
Procedure in Public Procurement Cases
Procedure in other Special Cases under Statute
Case Stated
Statutory Appeals
Article 40 Inquiries and Habeas Corpus Applications
References under Art 234 of the European Community Treaty
Various Appendices.