De Smith's Judicial Review

De Smith’s Judicial Review is the leading work on the history, principles and practice of judicial review in England and Wales.

Key features:

• Covers the history, theoretical foundations and principles of judicial review.
• Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and grounds based on retained EU law.
• Clarifies complex changes in substantive review, as a result of recent Supreme Court cases including the use of Parliamentary materials in assessing proportionality (SC), challenges based on policies (A), significant cases on devolution concerning referenda and the Ireland/Northern Ireland Protocol; and the impact of the Windsor Framework on Northern Ireland.
• Sets out the context of judicial review and its scope, considering at the outset a number of issues which guide De Smith’s approach.
• Considers other possible avenues of redress for aggrieved citizens.
• Examines those who may initiate a claim for judicial review (claimants); who have a right to be a party (interested parties) and those who may seek permission from the court to make submissions as interveners.
• Includes full coverage of procedures and remedies, including new suspended quashing orders and the increased emphasis on procedural rigour before the Administrative Court.
• Considers reform proposals including the Bill of Rights Bill.
• Includes comparative material from other leading common law jurisdictions.

The First Supplement brings the 9th edition main work up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas:

• Retained EU Law (Revocation and Reform) Act 2023
• Recent cases on devolution (such as the Supreme Court decision on the Northern Ireland Abortion Services (Safe Access Zones)
• Re Dillon’s Application for Judicial Review [2024] NIKB 11 on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023)
• The Rwanda case
• Recent authorities on:
  • ouster clauses
  • the power to make suspended quashing order (subject to conditions)
• The review of policies

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