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De Smith's Judicial Review

De Smith's Judicial Review
9th Edition, 1st Supplement
ISBN:  9780414123281
Published by:  Sweet & Maxwell
Publication Date:  29 Nov 2024
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

De Smith’s Judicial Review is the leading work on the history, principles and practice of judicial review in England and Wales.

Key features:

  • Covers the history, theoretical foundations and principles of judicial review.
  • Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and grounds based on retained EU law.
  • Clarifies complex changes in substantive review, as a result of recent Supreme Court cases including the use of Parliamentary materials in assessing proportionality (SC), challenges based on policies (A), significant cases on devolution concerning referenda and the Ireland/Northern Ireland Protocol; and the impact of the Windsor Framework on Northern Ireland.
  • 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 other 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.
  • Includes full coverage of procedures and remedies, including new suspended quashing orders and the increased emphasis on procedural rigour before the Administrative Court.
  • Considers reform proposals including the Bill of Rights Bill.
  • Includes comparative material from other leading common law jurisdictions.

The First Supplement brings the 9th edition main work up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas:

  • Retained EU Law (Revocation and Reform) Act 2023
  • Recent cases on devolution (such as the Supreme Court decision on the Northern Ireland Abortion Services (Safe Access Zones)
  • Re Dillon’s Application for Judicial Review [2024] NIKB 11 on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023)
  • The Rwanda case
  • Recent authorities on:
    • ouster clauses
    • the power to make suspended quashing order (subject to conditions)
  • The review of policies

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CONTENTS

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. The Historical Development of Judicial Review Remedies and Procedures
16. CPR Pt 54 Claims for Judicial Review
17. Other Judicial Review Proceedings
18. Judicial Review Remedies
19. Monetary Remedies in Judicial Review

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