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De Smith's Judicial Review
De Smith's Judicial Review
7th Edition, Mainwork & 3rd Supplement
Practice Area:  Administrative Law
ISBN:  9780414060135
Published by:  Sweet & Maxwell
Publication Date:  16 Dec 2016
Format:  eBook - ProView
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(£440.00 + £88.00 VAT)
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Regarded as the leading authority on judicial review, and frequently cited in court, you’ll find De Smith’s Judicial Review provides detailed analysis of principles, procedure, remedies and case law. The new 7th edition has been brought up to date with this first supplement, to reflect the latest developments in practice, procedure and case law.

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

  • Covers the history, theoretical foundations and principles of judicial review
  • Provides guidance on the practice and procedure
  • Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, under the Human Rights Act 1998 and European Union grounds
  • Examines the different remedies available such as the prerogative orders, declarations, injunctions and pecuniary remedies
  • Draws in the relevant experience from other jurisdictions, especially Australia, Canada, India, Ireland, New Zealand and South Africa
  • Looks at the respective roles of courts and other branches of government
  • Considers the context in which judicial review is one of a number of avenues of redress
  • Discusses government reaction to judicial review
  • Examines whether those who initiate claims, have a right to be a party and who may make submissions as interveners
  • Considers the complex and controversial questions which may or may not be subject to judicial review
  • Deals with the concepts of jurisdiction and unlawful administration and looks at how this has been affected by the Human Rights Act and the common law right to access of justice
  • Shows the relationship between irrational, unreasonable and disproportionate decisions
  • Considers the extent to which representations, lawful or unlawful, may give rise to expectations which are legally enforceable
  • Sets out the salient features of judicial review as it applies to Convention Rights under the Human Rights Act 1998
  • Includes some discussion of alternative dispute resolution, an outline of the Freedom of Information Act 2000 and the Data protection Act 1998, funding and costs
  • Looks at monetary remedies against the background of discarded proposals by the Law Commission

You’ll find the latest edition will:

  • Enable you to advise and make decisions with complete confidence
  • Allow you to tackle complex problems and consider developments, underlying principles and emerging trends in case law
  • Provide lawyers in central and local government with up-to-date and authoritative analysis of judicial review which is necessary to advise defendants as well as claimants
  • Present academics with a primary source of reference on the principles underlying all aspects of judicial review in the context of the fast-changing administrative justice system

The new 3rd supplement offers:

  • Analysis of the most recent Supreme Court decisions in Keyu (retrospective effect of the Human Rights Act), Michael (Article 2 claims), SG (international treaties), Pham, Lumsdon and Kennedy (proportionality), Public Law Project (Legal Aid) and Shergill (non-justiciability)
  • Analysis of recent Strasbourg cases of Jaloud (territorial scope of the ECHR); Gaunt (free speech); Nicklinson (Article 8); and Murray (life sentences and Article 3);
  • Full coverage of the amendments to the Senior Courts Act 1981 governing judicial review applications found to be “totally without merit” and other procedural changes involving Protective Costs Orders, funding and cases where the outcome would not have been substantially different;

In addition, a general update has been carried out across the text

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