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Vol 22 No 2 Feb/March 2017

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Spencer Bower: Reliance-Based Estoppel

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Judicial Review 3rd ed


ISBN13: 9781780437026
Previous Edition ISBN: 9781847661432
Published: February 2017
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback
Price: £204.00



Low stock.

Judicial Review, 3rd ed covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Irish Superior Courts 2011, SI 691/2011.

It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom.

Judicial Review is divided into two main sections:-

  • Conventional judicial review: Procedure governing conventional judicial review found in Order 84 of the Rules of the Superior Courts 1986 to 2011.

  • Statutory Judicial Review: Specialised statutory schemes of judicial review relating to specific areas of public decision-making which have been singled out by the Oireachtas as warranting specialised schemes because of the policy concerns involved. Statutory schemes and the procedure involved are covered by legislation specific to that area and apply to areas such as asylum, pollution control, planning and the takeover of companies.

  • Subjects:
    Irish Law
    Contents:
    Introduction
    The Justification for Review
    Standing for the Purpose of Review
    The Decisions Subject to Review: an Overview
    The Decisions Subject to Review: The Case Law
    The Principles of Review
    The Effect of Review
    Jurisdiction and Legality: An Introduction
    Jurisdiction and Legality: The Case Law
    Error of Law on the Face of the Record
    The Requirement of Fairness in Public Law
    Bias
    The Requirement of a Fair Hearing
    The Requirement that Reasons be Given
    Legitimate Expectations
    Breach of Constitutional Rights
    Proportionality
    Breach of the European Convention of Human Rights
    Breach of other International Agreements
    Review for Unreasonableness and Abuse of Power
    Fraud, Bad Faith and Misuse of Power
    Breach of European Law
    Review as a Discretionary Remedy
    The Conduct of the Applicant
    Failure to Exhaust Alternative Remedies
    Delay
    Futility
    Certiorari
    Mandamus
    Prohibition
    Declaration
    Injunction
    Damages
    An Introduction to Judicial Review Procedure
    Preliminary Procedure including the Application for Leave
    Post-leave Procedure
    Interlocutory Applications
    The Hearing of the Review Application
    The Decision of the Court and Appeals to the Supreme Court
    Costs
    An Introduction to Statutory Judicial Review Procedure
    Procedure in Planning Cases
    Procedure in Immigration and Refugee Cases
    Procedure in Public Procurement Cases
    Procedure in other Special Cases under Statute
    Case Stated
    Statutory Appeals
    Article 40 Inquiries and Habeas Corpus Applications
    References under Art 234 of the European Community Treaty
    Various Appendices.