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Description

The definitive text on the law of judicial review in Ireland, Judicial Review covers the grounds for review, defences to an application, remedies and procedures, including SI 691/2011 and SI 345/2015. It includes cases such as Article 40 inquiries (habeas corpus applications) and references to the Court of Justice of the European Union under Article 267 TFEU.

It discusses the reasonableness and proportionality of administrative decisions, particularly in light of the Supreme Court decision in Meadows v Minister for Justice, and more recently, MK (Albania) v Minister for Justice. It also covers a court's approach to 'deference' in respect of a public act and the circumstances where a court might decline to exercise its discretion in judicial review, including the obligation for candour.

The Fourth Edition has been updated to include the significant Court of Appeal determination in Heaney v an Bord Pleanála [2022] IECA 123 where it was confirmed that, for the purposes of time limits, the clock is stopped by moving the application in court and not by filing papers in the Central Office. It also covers the Supreme Court determination in Zalewski v Workplace Relations Commission. Statutory changes to the international protection process have been commenced since the previous edition.

This edition has been rewritten to take account of changes to statutory judicial reviews brought about by the commencement of the International Protection Act 2015. It also includes the removal of the expedited appeal procedure for a refusal of the grant of leave to apply for judicial review.

The Refugee Act 1996 has been repealed and the list of decisions and orders subject to section 5 of the Illegal Immigrants (Trafficking) Act 2000 (statutory JR) is replaced by way of the International Protection Act 2015.

This title is included in Bloomsbury Professional's Irish Civil Litigation online service.

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  • All or substantially all textual matter is arranged in a single logical reading order

Table of Contents

Part I:
The Review Framework
Chapter 1 Introduction
Chapter 2 The Justification for Review
Chapter 3 Standing for the Purpose of Review
Chapter 4 The Decisions Subject to Review
Chapter 5 The Principles of Review
Chapter 6 The Effect of Review
Chapter 7 The Philosophy of Review

Part II:
Review For Error
Chapter 8 Jurisdiction and Legality: an Introduction
Chapter 9 Jurisdiction and Legality: the Case Law
Chapter 10 Error in the Application of European Union Law
Chapter 11 Error of Law on the Face of the Record
Chapter 12 Error of Fact

Part III:
Review For Unfairness
Chapter 13 The Requirement of Fairness in Public Law
Chapter 14 Bias
Chapter 15 The Requirement of a Fair Hearing
Chapter 16 The Requirement that Reasons be Given
Chapter 17 Legitimate Expectations

Part IV:
Review For Breach of Fundamental Rights
Chapter 18 Breach of Constitutional Rights
Chapter 19 Standards of Review
Chapter 20 Proportionality: An Introduction
Chapter 21 Proportionality: Comparative Approaches
Chapter 22 Proportionality Review in Practice
Chapter 23 Deference
Chapter 24 Breach of the European Convention on Human Rights
Chapter 25 Breach of Other International Agreements

Part V:
Review For Unreasonableness and Abuse of Power
Chapter 26 Reason and the Rule against Unreasonableness
Chapter 27 Application of the Rule against Unreasonableness
Chapter 28 Categories of Unreasonableness and Factors in the Determination
Chapter 29 The Adequacy of Reasonableness Review
Chapter 30 Fraud, Bad Faith and Misuse of Power

Part VI:
Defences to an Application
Chapter 31 Legality and Mistake
Chapter 32 Review as a Discretionary Remedy
Chapter 33 The Conduct of the Applicant
Chapter 34 Failure to Exhaust Alternative Remedies
Chapter 35 Delay
Chapter 36 Futility

Part VII:
The Remedies
Chapter 37 Certiorari
Chapter 38 Mandamus
Chapter 39 Prohibition
Chapter 40 Declaration
Chapter 41 Injunction
Chapter 42 Damages

Part VIII:
Procedure
Chapter 43 Order 84 Application, Plenary Action or Relator Action?
Chapter 44 An Introduction to Order 84 Judicial Review Procedure
Chapter 45 Preliminary Procedure Including the Application for Leave
Chapter 46 Post-Leave Procedure
Chapter 47 Interlocutory Applications
Chapter 48 The Hearing of the Review Application
Chapter 49 The Decision of the Court
Chapter 50 Appeals
Chapter 51 Costs

Part IX:
Procedure in Special Cases under Statute
Chapter 52 An Introduction to Statutory Judicial Review Procedure
Chapter 53 Procedure in Planning Cases
Chapter 54 Procedure in Immigration and Refugee Cases
Chapter 55 Procedure in Public Procurement Cases
Chapter 56 Procedure in Other Special Cases under Statute

Part X:
Other Forms of Review
Chapter 57 Case Stated
Chapter 58 Statutory Appeals
Chapter 59 Article 40 Inquiries and Habeas Corpus Applications
Chapter 60 References under Article 267 of the Treaty on the Functioning of the European Union

Product details

Published 01 Apr 2027
Format Ebook (PDF)
Edition 4th
Pages 1304
ISBN 9781526530035
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Noeleen Healy

Noeleen Healy is a practising barrister working pr…

Anthology Editor

Mark de Blacam

Mark de Blacam studied legal science and politics…