Full Description
This is the definitive judicial review book, with meticulous case-law analysis throughout and encyclopaedic coverage of this key field of practice.
The new edition of this Handbook is an authoritative and indispensable reference and a guide to the law and practice of judicial review. Established as essential for anyone engaged or interested in public law cases, it offers unrivalled coverage of the case-law.
The Handbook has been extensively revised and updated by the author. It stands as a statement of the law of judicial review, organised into 65 parts, each supported by a full presentation of the sources and an unparalleled selection of case references and quotations.
Having previously been a leading practitioner, and now having served for six years as a High Court Judge, Sir Michael Fordham casts his experienced eye over the case-law, presenting and explaining the materials with expertise and clarity in this important area of law.
Contents
JUIDICAL REVIEW HANDBOOK: A DETAILED GUIDE TO THE LAW AND PRACTICE
A. THE NATURE OF JUDICIAL REVIEW: keys to understanding what the Court is doing
P1 A Constitutional Guarantee
P2 Supervisory Jurisdiction
P3 Procedural Rigour & Flexibility
P4 Materiality
P5 Targets
P6 Sources
P7 Constitutional Fundamentals
P8 International Law
P9 The HRA
P10 Candour & Cooperation
P11 Precedent & Authority
P12 Reviewing Primary Legislation
P13 Judicial Restraint
P14 Critical Balance
P15 The Forbidden Method
P16 Hard-edged Questions
P17 Evidence & Fact
P18 Costs
P19 The Claim Stage
P20 Interim Remedy
P21 The Permission Stage
P22 The Substantive Stage
P23 Appeal
P24 Remedies
P25 Monetary Remedies
B. PARAMETERS OF JUDICIAL REVIEW: further dominant themes shaping the law and practice
P26 Delay
P27 Public/Private Law
P28 Ouster
P29 Interpretation
P30 Function
P31 Context
P32 Modified Review
P33 Flux
P34 Reviewability
P35 Principle of Legality
P36 Alternative Remedy
P37 Proportionality Method
P38 Standing
P39 Discretion/Duty
P40 Inalienability
P41 Legitimate Expectation
P42 Onus
P43 Severance
P44 Nullity
C. GROUNDS FOR JUDICIAL REVIEW: public law errors justifying the Court's intervention
P45 Classifying Grounds
P46 Ultra Vires
P47 Jurisdictional Error
P48 Error of Law
P49 Error of Fact
P50 Abdication/Fetter
P51 Insufficient Inquiry
P52 Bad Faith/Improper Motive
P53 Frustrating the Legislative Purpose
P54 Substantive Unfairness
P55 Consistency/Equal Treatment
P56 Relevancy/Irrelevancy
P57 Unreasonableness
P58 Proportionality
P59 HRA Violation
P60 Unconstitutionality
P61 Procedural Unfairness
P62 Consultation
P63 Bias
P64 Reasons
P65 External Vitiation
