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    Judicial Review: Principles and Procedure

    Judicial Review by Moffett KC, Jonathan; Auburn KC, Jonathan; Sharland KC, Andrew;

    Principles and Procedure

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    Product details:

    • Edition number 2
    • Publisher OUP Oxford
    • Date of Publication 30 April 2026

    • ISBN 9780198817253
    • Binding Hardback
    • No. of pages1344 pages
    • Size 252x176x60 mm
    • Weight 1832 g
    • Language English
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    Short description:

    This new edition, up to date with the most recent and relevant case law, is a definitive guide to judicial review, offering expert analysis, comprehensive coverage of substantive and procedural grounds, and new chapters on post-Brexit UK-EU relations law and international law.

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    Long description:

    Written by three experienced practitioners, this definitive work provides unrivalled analysis and guidance on the law of judicial review.

    Updated with the most relevant and recent case law, this new edition of Judicial Review: Principles and Procedure includes chapters on each of the substantive and procedural grounds on which a claim for judicial review may be brought, including topics such as fairness, consultation, proportionality, and legitimate expectation. It offers detailed treatment of areas such as the public sector equality duty, challenges to administrative policies, challenges to legislation, and common law constitutional rights. The book contains comprehensive coverage of the procedure at each stage of a claim for judicial review, from the pre-action stage to the permission stage and interim remedies, through to the substantive stage, final remedies, and costs. Newly added to this edition are a comprehensive guide to post-Brexit UK-EU Relations Law contributed by Jack Williams, and a guide to the use of international law in judicial review contributed by Sean Aughey-both of which ensure that the book provides a uniquely full treatment of all of the issues which might be encountered in practice.

    The volume's accessible format allows readers easily to access the law on specific points, making it an indispensable reference for barristers, solicitors, public sector organisations, and legal libraries.

    Judicial Review: Principles and Procedure is the focused, concise, but comprehensive textbook that public lawyers will want and value in day to day practice

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    Table of Contents:

    PART I: THE BASIS FOR AND SCOPE OF JUDICIAL REVIEW
    The legal and theoretical bases for judicial review
    Scope of judicial review
    PART II: JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT 1998, UK-EU RELATIONS, AND INTERNATIONAL LAW
    The Human Rights Act 1998 and judicial review
    UK-EU relations law and judicial review
    Public international law and foreign relations in judicial review
    PART III: PROCEDURAL GROUNDS OF CHALLENGE
    Procedural fairness: general issues
    Procedural fairness: specific requirements
    Consultation
    Bias, predetermination, and independence
    Delay on the part of public bodies
    Notice of and reasons for decisions
    PART IV: SUBSTANTIVE GROUNDS OF CHALLENGE
    Sources and scope of public bodies' power and duties
    Acting outside scope of powers and duties
    Failing to comply with duties or to exercise powers
    Relevant, irrelevant, and permissable considerations
    Public sector equality duty
    Unauthorised or improper purposes
    Irrationality and unreasonableness
    Proportionality
    Legitimate expectations
    Errors of fact
    Policies, guidance, and non-statutory schemes
    Challenges to legislation
    Common law constitutional rights
    PART V: PROCEDURE AND REMEDIES
    Introduction to judicial review procedure
    Claims for which judicial review procedure must or may be used
    The parties
    The pre-action stage
    Bringing the claim and initial responses to the claim
    Evidence, the duty of candour, and disclosure
    The permission decision
    Interim remedies
    The substantive stage
    Appeals
    Costs
    Final remedies

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