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详细
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 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
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The context of judicial review
- Judicial review and administrative justice
- Claimants
- Interested parties and interveners
- Defendants and decisions subject to judicial review
- Concepts of jurisdiction and lawful administration
Grounds of judicial review
- Illegality
- Procedural fairness: introduction, history and comparative perspectives
- Procedural fairness: entitlement and content
- Procedural fairness: exceptions
- Procedural fairness: fettering of discretion
- Procedural fairness: bias and conflicts of interest
- Substantive review and justification
- Legitimate expectations
- Convention rights as grounds for judicial review
- Review under European Community law
Procedures and remedies
- History of procedures and remedies
- Judicial review claims under the Civil Procedure Rules, pt 54
- Other judicial review proceedings
- Remedial orders in judicial review
- Monetary remedies in judicial review
Appendices
A. Notes on citation and use of authorities
B. Classification of Functions
C. Extracts from Supreme Court Act (Senior Court Act) 1981
D. Extracts from Tribunals, Courts and Enforcement Act 2007
E. Extracts from Human Rights Act 1998
F. Civil Procedure Rules Pt 54
G. Civil Procedure Rules: Practice Direction 54A, Judicial Review
H. Civil Procedure Rules: Practice Direction 54D, Administrative Court (Venue)I. Pre-Action Protocol for Judicial Review
J. N461 Claim Form
K. N462 Acknowledgment of Service
L. N463 Application for Urgent Consideration
M. N464 Application for Directions as to Venue for Administration and Determination
N. N465 Response to Application for Directions as to Venue for Administration and Determination
O. Procedural Checklist
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Right Hon Lord Woolf - Former Lord Chief Justice of England and Wales; Judge of the Court of Final Appeal, Hong Kong - Professor of Law, Faculty of Laws; Barrister, Blackstone Chambers
Professor Sir Jeffrey Jowell QC - Barrister, Blackstone Chambers; Director of the Bingham Centre for the Rule of Law; Emeritus Professor of Public Law, UCL
Professor Andrew Le Sueur - Professor of Public Law, Queen Mary University of London; Barrister, Brick Court Chambers
Catherine Donnelly – Lecturer of EU, Public, Human Rights and Public Procurement Law, Trinity College Dublin; Barrister, Blackstone Chambers
Ivan Hare - Barrister, Blackstone Chambers, Former Fellow of Trinity College Cambridge
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"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
