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De Smith's Judicial Review
De Smith's Judicial Review
8th Edition
Practice Area:  Administrative Law
ISBN:  9780414064041
Published by:  Sweet & Maxwell
Publication Date:  21 Mar 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION

De Smith has established itself as the leading work on the principles, practice and remedies of judicial review in England and Wales. De Smith takes the practitioner through the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area.

  • This new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area. It deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review. It:
  • 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.
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
4. Concepts of Jurisdiction and Lawful Administration
5. Illegality
Part II GROUNDS OF JUDICIAL REVIEW
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. The Historical Development of Judicial Review Remedies and
Procedures
16. CPR Pt 54 Claims for Judicial Review
17. Other Judicial Review Proceedings
18. Judicial Review Remedies
19. Monetary Remedies in Judicial Review

Appendices
Note on Citation of Authorites
Classification of Functions
Procedural Checklist

FEATURES & BENEFITS
  • 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.
BOUND VOLUMES - PREVIOUS YEARS

 

REVIEWS
De Smith is the leading work on the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area. Frequently cited in judgments, recognising its status as an authoritative account of the law. “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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