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De Smiths Judicial Review: 7th edition
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De Smiths Judicial Review: 7th edition

Price: $946.00
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Overview
Published 30 June 2013 (Sweet & Maxwell)
ISBN: 9780414042155.
Description

Regarded as the leading authority on judicial review, and frequently cited in court, you’ll find De Smith’s Judicial Review provides detailed analysis of principles, procedure, remedies and case law. The new 7th edition has been brought up to date to reflect the latest developments in practice, procedure and case law.

The leading work on the principles and practice of judicial review, De Smith's Judicial Review:

  • Covers the history, theoretical foundations and principles of Judicial Review
  • Provides guidance on the practice and procedure
  • Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, under the Human Rights Act 1998 and European Community Grounds
  • Examines the different remedies available such as injunction, prerogative orders and pecuniary remedies
  • Draws in the relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa
  • Looks at the respective roles of courts and other branches of government
  • Considers the context in which judicial review is one of a number of avenues of redress
  • Discusses government reaction to judicial review
  • Examines those who initiate claims, have a right to be a party and those who seek permission from the court to make submissions as interveners
  • Considers the complex and controversial questions of which defendants and decisions are subject to judicial review
  • Deals with the concepts of jurisdiction and unlawful administration and looks at how this has been affected by the Human Rights Act and the common law right to access of justice
  • Shows the relationship between irrational, unreasonable and disproportionate decisions
  • Considers the extent to which an unlawful representation may give rise to a legally enforceable expectation
  • Sets out the salient features of judicial review as it applies to Convention Rights under the Human Rights Act 1998
  • Includes some discussion of alternative dispute resolution, an outline of the Freedom of Information Act 2000 and the Data protection Act 1998, funding and costs
  • Looks at monetary remedies against the background of a failed Law Commission project on financial remedies against public authorities

You’ll find the latest edition will:

  • Enable you to advise and make decisions with complete confidence
  • Allow you to tackle complex problems and consider developments, underlying principles and emerging trends in case law
  • Provide lawyers in central and local government with up-to-date and authoritative analysis of judicial review which is necessary to advise defendants as well as claimants
  • Present academics with a primary source of reference on the principles underlying all aspects of judicial review in the context of the fast-changing administrative justice system

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