Judicial Review, 2nd edition

Written by Mark de Blacam

"The book is an excellent guide, as it is written logically and with clarity. It would certainly be a welcome addition, if not a must, for every solicitor's practice." Law Society Gazette, March 2010

This work covers the grounds for review, defences to an application, the remedies and procedures involved: including cases stated, Article 40 inquiries (habeas corpus applications) and references to the European Court of Justice under Article 234 TEC. It is the definitive text on judicial review available in this jurisdiction and also of important reference in the United Kingdom. This new 2nd edition covers grounds for review, defences to applications and the procedures and remedies involved.

Bibliographic detail

ISBN: 9781847661432 / 978 1 84766 143 2
Publication Date: May-09
Format: Hardback
Availability: In print
List price: €250 / £250

Contents

Part II: Review for Error
8. Jurisdiction and Legality: An Introduction; 9. Jurisdiction and Legality: The Case Law; 10. Error of Law on the Face of the Record

Part III: Review for Unfairness
11. The Requirement of Fairness in Public Law; 12. Bias; 13. The Requirement of a Fair Hearing; 14. The Requirement that Reasons be Given; 15. Legitimate Expectations

Part IV: Review for Breach of Fundamental Rights
16. Breach of Constitutional Rights; 17. Proportionality; 18. Breach of the European Convention on Human Rights; 19. Breach of Other International Agreements

Part V: Review for Unreasonableness and Abuse of Power
20. Unreasonableness; 21. Fraud, Bad Faith and Misuse of Power

Part VI: Review for Breach of European Law
22. Breach of European Law

Part VII: Defences to an Application
23. Review as a Discretionary Remedy; 24. The Conduct of the Applicant; 25. Failure to Exhaust Alternative Remedies; 26. Delay; 27. Futility

Part VIII: The Remedies
28. Certiorari; 29. Mandamus; 30. Prohibition; 31. Declaration; 32. Injunction; 33. Damages

Part IX: Procedure
34. An Introduction to Judicial Review Procedure; 35. Preliminary Procedure Including the Application for Leave; 36. Post-Leave Procedure; 37. Interlocutory Applications; 38. The Haring of the Review Application; 39. The Decision of the Court and Appeals to the Supreme Court; 40. Costs

Part X: Procedure in Special Cases under Statute
41. An Introduction to Statutory Judicial Review Procedure; 42. Procedure in Planning Cases; 43. Procedure in Immigration and Refugee Cases; 44. Procedure in Public Procurement Cases; 45. Procedure in Other Special Cases under Statute

Part XI: Other Forms of Review
46. Case Stated; 47. Statutory Appeals; 48. Article 40 Inquiries and Habeas Corpus Applications; 49. References under Article 234 of the European Community Treaty