基本説明
Publication delayed (Originally scheduled in 2005). Provides definitive guidance on the impact of the Human Rights Act 1998, the Administrative Court, UK and European constitutional reforms, etc.
Full Description
In both the extent of its coverage and its authority De Smith is the leading work on the history, principles and practice of judicial review.Reflecting the steadily increasing importance and complexity of judicial review, this new edition incorporates recent fundamental developments in the area. It provides definitive guidance on the impact of the Human Rights Act 1998, the Administrative Court, reforms resulting from the Bowman Report, EU Community Law and the Civil Procedure Rules, alongside detailed discussion of case law and procedural developments.* 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* Deals thoroughly with emerging topics - for example, the expanding role of commercial judicial review and judicial review's increased use in areas such as education
Contents
The Context of Judicial Review. Judicial Review and Administrative Justice. Claimants. Interested Parties and Interveners. Defendants and Decisions Subject to Judicial Review. Concepts of Jurisdiction and Lawful Administration. Grounds of Judicial Review. Illegality. Procedural Fairness: Introduction, History and Comparative Perspectives. Procedural Fairness: Entitlement and Content. Procedural Fairness: Exceptions. Procedural Fairness: Fettering of Discretion. Procedural Fairness: Bias and Conflicts of Interest. Substantive Review and Justification. Legitimate Expectations. Convention Rights as Grounds for Judicial Review. Review under European Community Law. Procedures and Remedies. History of Procedures and Remedies. Judicial Review Claims under the Civil Procedure Rules, Pt 54. Other Judicial Review Proceedings. Remedial Orders in Judicial Review. Monetary Remedies in Judicial Review. Appendices.
