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This book is now Out of Print.
A new edition was published, see:
De Smith's Judicial Review 6th ed with 1st Supplement isbn 9781847034670

De Smith's Judicial Review 6th ed


ISBN13: 9780421690301
New Edition ISBN: 9781847034670
Previous Edition ISBN: 042163880X
Published: December 2007
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Wildy's Book of the Month - December 2007

In both the extent of its coverage and its authority De Smith is the leading work on the history, principles and practice of judicial review.

Reflecting the steadily increasing importance and complexity of judicial review, this new edition incorporates recent fundamental developments in the area. It provides definitive guidance on the impact of the Human Rights Act 1998, the Administrative Court, reforms resulting from the Bowman Report, EU Community Law and the Civil Procedure Rules, alongside detailed discussion of case law and procedural developments.

  • 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
  • Deals thoroughly with emerging topics - for example, the expanding role of commercial judicial review and judicial review's increased use in areas such as education

Subjects:
Constitutional and Administrative Law, Judicial Review
Contents:
Judicial Review and administrative action
The scope of judicial review today
The scope of review
Who may bring proceedings: Standing to sue
Public and private law and their relation to judicial review
The special position of the crown
Jurisdiction, vires, law and fact
The grounds of judicial review
Illegality
Procedural fairness: Introduction and history
Procedural fairness: Entitlement
Procedural fairness: Content
Procedural fairness: Exceptions
Procedural fairness: Fettering of discretion
Procedural fairness: Bias and interest
The unreasonable exercise of power
Grounds of review under EC law - NEW
Procedures and remedies
The historical development of judicial review remedies and procedures
Judicial review procedures
Prerogative orders
Injunctions in judicial review proceedings
Declarations
Pecuniary remedies in judicial review
The discretion of the court
Judicial review in context
Planning
Revenue
Prison discipline
Immigration
Public sector housing
Social security
Treaties and foreign affairs