Judicial Review Handbook

by The Hon Sir Michael Fordham

Overview

Judicial review is the method by which actions of public bodies can be challenged in court. All other available remedies or appeals must be exhausted before an application for judicial review can be made. This fully revised edition presents the law and practice of judicial review collected together, deconstructed and represented in a unique format. It provides rapid access to vital sources of authority and case synopses, providing an essential guide through the huge volume of case law in this area.

Product Details

ISBN-13:	9781847317957
Publisher:	Bloomsbury Publishing
Publication date:	11/05/2008
Sold by:	Barnes & Noble
Format:	eBook
Pages:	920
File size:	2 MB

About the Author

The Hon Sir Michael Fordham was for 25 years a leading public law barrister and KC at the Bar of England and Wales. He is now a High Court Judge.

Table of Contents

Summary of 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

Editorial Reviews

Previous editions of this Handbook have established such high standards that no endorsement is required from me.” —Lord Woolf, House of Lords (from the foreword)

“This book has gone from strength to strength. As Lord Woolf, the former Master of the Rolls notes in his Foreword to the present edition, it continues to be an 'essential aid' to anyone engaged in public law litigation. The long list of decisions in which the book has been referred to – reproduced at the beginning of the volume – speaks volumes for its popularity.” —Jourbanal of the Commonwealth Lawyers Association (review of the sixth edition)

From the Publisher