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Vol 21 No 10 Oct/Nov 2016

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De Smith's Judicial Review 7th ed with 2nd Supplement


ISBN13: 9780414036680
Previous Edition ISBN: 9780414042155
Published: December 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & Supplement
Price: £440.00



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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 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:-

  • The 2nd Supplement was published in December 2015
  • The 1st Supplement was published in December 2014
  • The Main Work was published in June 2013
  • Covers the history, theoretical foundations and principles of judicial reviewProvides 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 enforceableSets 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 confidenceAllow you to tackle complex problems
  • 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 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
ALSO: For Customers who purchase the eBook version

Thomson Reuters ProView is the iPad app custom built for legal professionals. Using ProView means you can connect to and interact with the content you rely on in new ways, wherever and whenever you like.

  • Search the entire text by keyword
  • Jump to related content via hyperlinks
  • Add your own notes, bookmark key pages and highlight important passages
  • Email, print and share the text
  • You don’t need to be online to access your eBooks
  • Your entire library and personalised features are backed up

Subjects:
Constitutional and Administrative Law, Judicial Review
Contents:
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.