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Vol 21 No 11 Nov/Dec 2016

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Judicial Review in Northern Ireland 2nd ed


ISBN13: 9781849462617
Previous Edition ISBN: 9781841136172
Published: January 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



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This is the second edition of Hart's leading book on the principle and practice of judicial review in Northern Ireland.

Providing a fully updated account of the ever-burgeoning body of case law, it divides into eight chapters that consider the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies.

As with the first edition, the focus of the book is very much on case law that is unique to Northern Ireland, and the book identifies some important differences between principle and practice in Northern Ireland and England and Wales. It also considers the leading Human Rights Act decisions of the Northern Ireland courts and the House of Lords and UK Supreme Court.

The book has been written primarily for practitioners of judicial review and uses numbered paragraphs for ease of reference. The book is, however, of much wider interest and is a valuable resource for academics and students alike. Much of the Northern Ireland case law has been concerned with contentious political issues, and the courts have had to consider difficult questions of the constitutional limits to the judicial role in review proceedings.

The book should therefore be of use not just to practitioners but also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).Developments that have been integrated into this edition include: the House of Lords and Supreme Court rulings in Re E (A Child) [2008] and Re McCaughey [2011]; the devolution of policing and criminal justice; case law on the judicial review of lower court decisions; judicial pronouncements on pre-action requirements and procedural law more generally; and the impact of the European Union Act 2011.

Subjects:
Northern Ireland Law, Judicial Review
Contents:
1. Judicial Review in Northern Ireland: Purposes, Sources of Law, and Constitutional Context
2. When Is the Judicial Review Procedure Used? The Public/Private Divide and Effective Alternative Remedies
3. The Judicial Review Procedure
4. The Grounds for Review Introduced
5. Illegality
6. Substantive Review: Wednesbury, Proportionality, Legitimate Expectation, Equality
7. Procedural Impropriety
8. Remedies