De Smith's Judicial Review 9th ed

The new edition deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review.

• The 2nd Supplement was published in December 2019
• The 1st Supplement was published in December 2018
• The Main Work was published in March 2018

De Smith's Judicial Review:-

• 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.
  • Additionally, the new edition:
    
    
    • 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.

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

4. Concepts of Jurisdiction and Lawful Administration

5. Illegality

 

Part II GROUNDS OF JUDICIAL REVIEW

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

 

Appendices

Note on Citation of Authorites

Classification of Functions

Procedural Checklist

table of content

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. Substantive Review and Justification

 

7. Legitimate Expectations

 

8. Procedural Fairness: Introduction, History and Comparative Perspectives

 

9. Procedural Fairness: Entitlement And Content

 

10. Procedural Fairness: Exceptions

 

11. Procedural Fairness: Fettering of Discretion

 

12. Procedural Fairness: Bias and Predetermination

 

13. Convention Rights as Grounds for Judicial Review

 

14. Review under European Union Related Law

Part III: Procedure 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

Appendix A

Procedural Checklist