De Smith has established itself as the leading work on the principles, practice and remedies of judicial review in England and Wales. De Smith takes the practitioner through the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area.
This new 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. It:
- 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.
Sets judicial review in the context of the fast-changing administrative justice system (including “proportionate dispute resolution”, the new tribunal system, recourse to ombudsmen).
- Draws on relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa.
The first Supplement thoroughly updates the text of the 8th Edition, in light of recent developments including:
- The duty of candour
- Precedent fact as a ground of review
- Intensity of proportionality review
- Ouster clauses
- Investigative duties under the HRA
- Challenges to legal aid rules
- Discrimination cases under the HRA and domestic law