De Smith is the leading work on the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent developments in the area. Frequently cited in judgments, De Smith’s status as an authoritative account of the law is widely recognised.
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. 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.
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
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