De Smith's Judicial Review

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 form other leading common law jurisdictions

The Ninth edition includes comprehensive coverage of the law and practice of judicial review with extensive comparative material from leading common law jurisdictions. This edition has been thoroughly re-written and updated to take account of recent doctrinal developments and theoretical controversies. It includes recent changes to the law on remedies and limiting judicial review by ouster clauses. It examines retained EU law, separate agreement law, and future relationship law, the Ireland/Northern Ireland Protocol and the Windsor Framework. It also covers proposals, such as the Bill of Rights Bill.

Table of 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.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