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Vol 25 No 2 Feb/March 2020

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De Smith's Principles of Judicial Review 2nd ed

ISBN13: 9780414071599
Previous Edition ISBN: 042162020X
Published: February 2020
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £37.95

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De Smith’s Principles of Judicial Review is the leading work on the principles, practice and remedies of judicial review in England and Wales. This edition reflects the continuing importance and complexity of judicial review and incorporates recent fundamental developments in the area. It deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review.

De Smith’s Principles of Judicial Review provides a coherent, comprehensive and compelling analysis of Judicial Review and will be welcomed by students studying this area of law.

  • 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

Judicial Review
Part I The Context of Judicial Review;
1. The Nature of Judicial Review
2. Claimants, Interested Parties and Interveners;
3. Defendants and Decisions Subject to Judicial Review;

Part II Grounds of Judicial Review;
4. Concepts of Jurisdiction and Lawful Administration;
5. Illegality;
6. Procedural Fairness: Introduction, History and Comparative Perspectives;
7. Procedural Fairness: Entitlement and Content;
8. Procedural Fairness: Exceptions;
9. Procedural Fairness: Fettering of Discretion;
10. Procedural Fairness: Bias and Conflict of Interest;
11. Substantive Review and Justification;
12. Legitimate Expectations;
13. Convention Rights as Grounds for Judicial Review;
14. Review under European Union Law;

Part III Procedures and Remedies;
15. Judicial Review Remedies;
16. Judicial Review Procedure