The new edition 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.
Additionally, the new edition: - 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.
- Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and European Community grounds.
- Clarifies complex changes in substantive review, including proportionality and legitimate expectations, against a background of a developing “culture of justification”.
- Sets out the principles underlying each area of judicial review
- 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 the context in which judicial review is but one of a number of 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.
- Considers the often complex and controversial questions of which defendants and decisions are subject to judicial review
- Deals comprehensively with the grounds of review in the following categories: illegality, lack of procedural fairness and irrationality or unreasonableness (Substantive Review and Justification)
- Full coverage of procedures and remedies, funding and costs.
