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De Smith's Judicial Review

  Harry Woolf, Jeffrey Jowell, Andrew Le Sueur, Ivan Hare

7 Ed 2013, South Asian Ed 2015

9789384746520

7 Ed 2013, South Asian Ed 2015

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Description
This book was begun by Stanley de Smith in the 1950s as a doctoral thesis and then published in 1959. de Smith set out its aims in his original Preface as follows:
"It is to be hoped that [this book] will be helpful to practitioners, to public administrators and their legal advisers, and to students and their teachers in England and elsewhere. And those students of government who are not lawyers may also find in it material that has a bearing on the larger issues inherent in the relationship between the Administration and the individual."
de Smith's book was the first in the United Kingdom to describe and analyse this field of law with coherence. It quickly established a groundbreaking reputation here and in the Commonwealth. Professor de Smith produced two further editions in 1968 and 1973. After his untimely death, Professor John M. Evans (now Mr Justice Evans of the Federal Court of Canada) edited the 4th edition in 1980.
When two of the present authors (Woolf and Jowell) were asked to prepare a 5th edition of the work in the early 1990s, it soon became clear that the initial intention, which was merely to update the existing edition, was insufficient. Prompted by reforms to the procedures and remedies, and also by a changing intellectual climate, the 1980s and early 1990s saw dramatic changes in judicial review: the number of applications increased from a few hundred a year to several thousand; the judicial reasoning which creates the grounds for challenging the validity of governmental action grew in its sophistication; and there was by then a burgeoning academic literature about this area of law. The 5th edition of the work (ISBN 0 420 46620 7) was published in 1995 (with the assistance of Andrew Le Sueur) and consisted of a substantial restructuring and supplementation of the 1980 edition. A supplement, updating the 1995 text, was published in 1998 (ISBN 0 421 607904)). An abridged version of the work, intended more as a student text, was published in 1999 under the title Principles of Judicial Review (ISBN 0421 62020 X).
When work began on the present edition (with Le Sueur now a joint author), we recognised that new work would be required on the impact upon judicial review of the Human Rights Act 1998. We also agreed that the separate short surveys of the operation of judicial review in different contexts at the end of the 5th edition, excellent though they were, would be better integrated into the main body of the work. In other respects, however, we again initially assumed that a mere updating of the previous edition would suffice.
Contents
Part I : The Context of Judicial Review
1.    The Nature of Judicial Review
2.    Claimants, Interested Parties and Interveners
3.    Defendants and Decisions subject to Judicial Review
4.    Concepts of Jurisdiction and Lawful Administration
5.    Illegality
Part II : Grounds of Judicial Review
6.    Procedural Fairness : Introduction, History and Comparative Perspectives
7.    Procedural Fairness : Entitlement and Content
8.    Procedural Fairness : Exceptions
9.    Procedural Fairness : Fettering of Discretion
10.  Procedural Fairness : Bias and Conflict of Interest
11.  Substantive Review and Justification
12.  Legitimate Expectations
13.  Convention Rights as Grounds for Judicial Review
14.  Review under European Union Law
Part III : Procedure and Remedies
15.  The Historical Development of Judicial Review Remedies and Procedures
16.  CPR PT 54 Claims for Judicial Review
17.  Other Judicial Review Proceedings
18.  Judicial Review Remedies
19.  Monetary Remedies in Judicial Review
Appendix A - Note on Citation of Authorities
Appendix B - Classification of Functions
Appendix C - Extracts from the Senior Court Act 1981 (formerly the Supreme court Act 1981)
Appendix D - Extracts from Tribunals, Courts and Enforcement Act 2007
Appendix E - Extracts Human Rights Act 1998
Appendix F - Civil Procedure Rules PT 54
Appendix G - Practice Direction 54A-Judicial Review
Appendix H - Practice Direction 54D-Administrative Court (Venue)
Appendix I - Pre-Action Protocol for Judicial Review
Appendix J - N461 Claim Form
Appendix K - N462 Acknowledgment of Service
Appendix L - N463 Application for Urgent consideration
Appendix M - N464 Application for Directions as to Venue for Administration and Determination
Appendix N - N465 Response to Application for Directions as to Venue for Administration and Determination
Appendix O - Procedural Checklist 
Index

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