Ebook Judicial Review: Principles and Procedure, by Jonathan Auburn, Jonathan Moffett, Andrew Sharland, Richard McManus QC
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Judicial Review: Principles and Procedure, by Jonathan Auburn, Jonathan Moffett, Andrew Sharland, Richard McManus QC
Ebook Judicial Review: Principles and Procedure, by Jonathan Auburn, Jonathan Moffett, Andrew Sharland, Richard McManus QC
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Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review.
Written by three experienced practitioners at a leading public law set, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed.
The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.
- Sales Rank: #4750114 in Books
- Brand: Brand: Oxford University Press, USA
- Published on: 2013-05-19
- Original language: English
- Number of items: 1
- Dimensions: 6.90" h x 2.40" w x 9.80" l, 4.23 pounds
- Binding: Hardcover
- 912 pages
- Used Book in Good Condition
Review
Judicial Review: Principles and Procedure is the focused, concise, but comprehensive textbook that public lawyers will want and value in day to day practice Richard Clayton QC, 4-5 Gray's Inn Square This is a concise but highly comprehensive and up to date account of the law relating to judicial review. It will certainly now be my first port of call for public law problems Nigel Giffin QC, 11kbw This is a masterly work. Beautifully and clearly set out, succint and accurate in its content, and perceptive in its analysis. I predict that it will become the front-runner in its field Robert Jay QC, Thirty-Nine Essex Street Chambers
About the Author
All three authors are practising barristers at 4-5 Gray's Inn Squre, with extensive experience of acting in judicial review claims in the Administrative Court and appellate courts, and in public law matters in the European Courts. All are members of the Attorney-General's Panels of Counsel and other related government panels.
Jonathan Auburn is the author of Legal Professional Privilege (Hart, 2000) and a contributor to Phipson on Evidence (Sweet and Maxwell, 2009), The White Book on Civil Procedure, Atkins Court Forms: Disclosure (LexisNexis, 2011), Halsbury's Laws of England, Local Government volume (LexisNexis, 2000), and Education and the Courts (Jordans, 2012). Jonathan is a member of the executive committee of The Constitutional and Administrative Law Bar Association.
Jonathan Moffett is the editor of Atkins Court Forms: Administrative Court (LexisNexis, 2007) and a contributor to Halsbury's Laws of England, Local Government volume (LexisNexis, 2000), The New Oxford Companion to Law (OUP, 2008), and Education and the Courts (Jordans, 2012).
Andrew Sharland is co-author of Media Law and Human Rights (OUP 2009) and contributor to Education and the Courts (Jordans, 2012), Atkins Court Forms: Human Rights (LexisNexis, 2006), and Information Rights (Sweet and Maxwell, 2007).
Most helpful customer reviews
1 of 1 people found the following review helpful.
Holding officialdom to account....
By Phillip Taylor MBE
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THE CONSTITUTIONAL IMPORTANCE OF JUDICIAL REVIEW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
As the learned authors attest, this book on the diverse and complex subject of judicial review is written by practitioners for practitioners.
And for those practitioners occupied with judicial review this book of over 1,000 pages from the Oxford University Press is indeed a treasure, not to mention a treasure trove of literally countless references to aid further research.
The sheer scope of its subject matter is demonstrated if anything, by its extensive index of over fifty-two pages (a superb navigation tool in itself) and its more than 120 pages consisting of Tables of Cases and Tables of Statutes.
Judicial review is, of course, the legal process by which public bodies, state officials and those who are empowered by them can ultimately be rendered answerable and accountable to those affected, possibly adversely, by their decisions.
Writing in the Foreword, Lord Dyson, Master of the Rolls, refers to judicial review of administration as `the fundamental means by which a democracy makes good its commitment to the rule of law'. Its constitutional importance, he adds `cannot therefore be underestimated.'
`Practitioners today need to have a keen knowledge of a properly well-developed subject,' says Lord Dyson, a body of knowledge and insights which this book amply provides. Taking account of the multiplicity of changes that have taken place in this field over the decades in practice and procedure, this book functions as an erudite and practical guide, which excels in accessibility as well as detail.
Extensively examined in the book is the impact of the Human Rights Act 1998 and the European Convention on Human Rights, particularly, as the authors state `those areas where Convention rights are likely to have an impact on the approach adopted to claims for judicial review, notably where such approaches may differ from the common law....'
Aspects of EU law particularly relevant to judicial review are also covered. Especially useful are the no less than nine appendices which set out relevant legislation, including the Human Rights Act 1998 itself and the Equality Act 2019 section 49.
The authors have, for the most part, confined their dissertation to the law and practice in England and Wales, the occasional exception being, for example, other areas of public law relevant to this text.
Destined, certainly, to become a definitive work of reference in this area of law, this volume should be considered as a required acquisition for practitioners. The law is stated as at January 2013.
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