De Smith's Judicial Review 2nd Supplement

 
9780414054509: De Smith's Judicial Review 2nd Supplement

Regarded as the leading authority on judicial review, and frequently cited in court, you?ll find De Smith?s Judicial Review provides detailed analysis of principles, procedure, remedies and case law. The new 7th edition has been brought up to date with this first supplement, to reflect the latest developments in practice, procedure and case law. The leading work on the principles and practice of judicial review, De Smith's Judicial Review: Covers the history, theoretical foundations and principles of judicial review Provides guidance on the practice and procedure Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, under the Human Rights Act 1998 and European Union grounds Examines the different remedies available such as the prerogative orders, declarations, injunctions and pecuniary remedies Draws in the relevant experience from other jurisdictions, especially Australia, Canada, India, Ireland, New Zealand and South Africa Looks at the respective roles of courts and other branches of government Considers the context in which judicial review is one of a number of avenues of redress Discusses government reaction to judicial review Examines whether those who initiate claims, have a right to be a party and who may make submissions as interveners Considers the complex and controversial questions which may or may not be subject to judicial review Deals with the concepts of jurisdiction and unlawful administration and looks at how this has been affected by the Human Rights Act and the common law right to access of justice Shows the relationship between irrational, unreasonable and disproportionate decisions Considers the extent to which representations, lawful or unlawful, may give rise to expectations which are legally enforceable Sets out the salient features of judicial review as it applies to Convention Rights under the Human Rights Act 1998 Includes some discussion of alternative dispute resolution, an outline of the Freedom of Information Act 2000 and the Data protection Act 1998, funding and costs Looks at monetary remedies against the background of discarded proposals by the Law Commission You?ll find the latest edition will: Enable you to advise and make decisions with complete confidence Allow you to tackle complex problems and consider developments, underlying principles and emerging trends in case law Provide lawyers in central and local government with up-to-date and authoritative analysis of judicial review which is necessary to advise defendants as well as claimants Present academics with a primary source of reference on the principles underlying all aspects of judicial review in the context of the fast-changing administrative justice system The new first supplement includes: Updates on the developing law and practice on judicial review in the Upper Tribunal Summary of implementation of government proposals on reform of judicial review procedures Details of the new time limits for judicial review claims Information on the Care Act 2014 s.73 on application of Human Rights Act 1998 to care homes Outlines developments in legitimate expectations Full consideration of recent Supreme Court cases on: proportionality; the authority of Strasbourg decisions under the Human Rights Act (HRA); the territorial extent of the HRA; discrimination on the grounds of sexual orientation; oral hearings before the Parole board; damages under the HRA; the Aarhus Convention; and Freedom of Information Details of recent Strasbourg cases including: protecting journalistic sources; the ban on broadcast political advertising; the developing recognition of same-sex marriages; whole life sentences; care provision for the elderly; and secondary industrial action

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