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Judicial Review in Northern Ireland

By: Gordon Anthony
Media of Judicial Review in Northern Ireland
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Published: 17-01-2008
Format: Hardback
Edition: 1st
Extent: 300
ISBN: 9781841136172
Imprint: Hart Publishing
RRP : £60.00
 

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About Judicial Review in Northern Ireland

This is the first book to be written on the principle and practice of judicial review in Northern Ireland. It collates and discusses the ever-burgeoning body of Northern Ireland case law and divides into eight chapters that consider the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies. Much of the case law here is unique to Northern Ireland, and the book identifies actual and potential differences between Northern Ireland case law and that of England and Wales. The book also integrates Human Rights Act 1998 jurisprudence as has been developed by the Northern Ireland courts and by the House of Lords; and it situates much of that case law within wider debates about judicial review as play out in related practitioner and/or academic journals.
The book has been written primarily for practitioners of judicial review and uses numbered paragraphs for ease of reference. The book is, however, of a wider interest and it will be a valuable resource for academics and students too. Much of the Northern Ireland case law has been concerned with contentious political issues, and the courts have had to consider difficult questions of the constitutional limits to the judicial role in review proceedings. The book should therefore be of use not just to practitioners but also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).
From the Foreword by Rt Hon Sir Brian Kerr, Lord Chief Justice of Northern Ireland
"This important new work by Gordon Anthony will be of inestimable assistance to practitioners and academic commentators alike. It provides a magisterial review of developments in the field of judicial review in this jurisdiction, particularly since the coming into force in October 2000 of the Human Rights Act 1998...(this and other topics are] handled with great authority and clarity...it is certain that this will become an indispensable reference text for those practising in judicial review in this jurisdiction and elsewhere."

Table Of Contents

[1] Judicial Review in Northern Ireland: Contours and Context
[2] When is the Judicial Review Procedure Used?
[3] The Judicial Review Procedure
[4] Jurisdiction, vires, law, and fact
[5] Substantive Review: Wednesbury, Proportionality, and Equality
[6] Illegality
[7] Procedural Impropriety
[8] Remedies
The European Dimension: EU law and the Human Rights Act 1998
Conclusion

Reviews

“…well laid out and easy to use. It dealt comprehensively with developments in case law and provided useful summaries of recent Northern Irish judicial review cases…It offered useful practical guidance on how to successfully set up cases for judicial review and what needs to be done in the course of proceedings…I am happy to recommend the text to judicial review practitioners and academics in Northern Ireland.” –  Patricia Carty, Law Centre (NI), Frontline

“...this book should be welcomed as a valuable resource. It provides a good overview of main aspects of the law and practice of judicial review in the province.” –  The Commonwealth Lawyer, Vol 17, No 3

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