Judicial Review Handbook, 7th Edition

Description

“…an institution for those who practice public law…it has the authority that comes from being compiled by an author of singular distinction”. (Lord Woolf, from the Foreword to the Fifth Edition)

The new edition of this Handbook remains an indispensable source of reference and a guide to case law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, it offers unrivaled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and updated, the seventh edition approximates a restatement of the law of judicial review, organized around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequaled selection of reported case quotations. It also includes essential procedural rules, forms, and guidance issued by the Administrative Court.

As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of case law. Attention is also given to the impact of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court’s work in the area of judicial review and assesses the signs from a Court that will be one of the key influences in the development of judicial review in the modern era.

The author, a leading member of the English public law bar, and now has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal.

Contents:
JUDICIAL REVIEW HANDBOOK: A DETAILED GUIDE TO THE LAW AND PRACTICE
A. THE NATURE OF JUDICIAL REVIEW:
keys to understanding what the Court is doing
P1 A constitutional guarantee
P2 Supervisory jurisdiction
P3 Procedural rigour & flexibility
P4 Materiality
P5 Targets
P6 Sources
P7 Constitutional fundamentals
P8 EU law
P9 The HRA
P10 Candour & cooperation
P11 Precedent & authority
P12 Reviewing primary legislation
P13 Judicial restraint
P14 Critical balance
P15 The forbidden method
P16 Hard-edged questions
P17 Evidence & fact
P18 Costs
P19 The claim stage
P20 Interim relief
P21 The permission stage
P22 The substantive stage
P23 Appeal
P24 Remedies
P25 Monetary remedies

B. PARAMETERS OF JUDICIAL REVIEW:
further dominant themes shaping the law and practice
P26 Delay
P27 Public/private law
P28 Ouster
P29 Interpretation
P30 Function
P31 Context
P32 Modified review
P33 Flux
P34 Reviewability/non-reviewability
P35 Principle of legality
P36 Alternative remedy
P37 Proportionality method
P38 Standing
P39 Discretion/duty
P40 Inalienability
P41 Legitimate expectation
P42 Onus
P43 Severance
P44 Nullity

C. GROUNDS FOR JUDICIAL REVIEW:
public law wrongs justifying the Court’s intervention
P45 Classifying grounds
P46 Ultra vires
P47 Jurisdictional error
P48 Error of law
P49 Error of fact
P50 Abdication/fetter
P51 Insufficient inquiry
P52 Bad faith/improper motive
P53 Frustrating the legislative purpose
P54 Substantive unfairness
P55 Consistency/equal treatment
P56 Relevancy/irrelevancy
P57 Unreasonableness
P58 Proportionality
P59 HRA violation
P60 Constitutionality
P61 Procedural unfairness
P62 Consultation
P63 Bias
P64 Reasons
P65 External vitiation