Judicial Review in Scotland

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"It contains a clear and well-presented account of the nature of the present system and the use which is being made of it. The equivalent procedure in England and Wales and Northern Ireland has also been studied, as experience in those jurisdictions provides a useful touchstone for comparison all who read this excellent book will benefit from this important research topic " From the Foreword of The Right Hon The Lord Hope of Craighead, Lord President of the Court of Session

Judicial review has a long history in ...

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Overview

"It contains a clear and well-presented account of the nature of the present system and the use which is being made of it. The equivalent procedure in England and Wales and Northern Ireland has also been studied, as experience in those jurisdictions provides a useful touchstone for comparison all who read this excellent book will benefit from this important research topic " From the Foreword of The Right Hon The Lord Hope of Craighead, Lord President of the Court of Session

Judicial review has a long history in Scotland but it is only since 1985 that it has been genuinely accessible through a relatively simple procedure. This has resulted in a marked increase in applications and indications are that the number will continue to grow. Through the use of statistical analysis and comparison with the more heavily-used procedures in England and Wales and Northern Ireland, Judicial Review in Scotland provides the first important study into how the process actually works in Scotland and its effect. In particular, the following questions are addressed:

  • how, when and where is judicial review used in Scotland?
  • what factors influence access to judicial review?
  • using homelessness as an example, what impact has judicial review had?
Judicial Review in Scotland is essential reading for all practitioners, judges, local authority administrators and voluntary organisations in Scotland. It is equally relevant in England and Wales and Northern Ireland where the substantive law is the same even though procedure differs considerably from Scotland.

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Product Details

  • ISBN-13: 9780471966142
  • Publisher: Wiley, John & Sons, Incorporated
  • Publication date: 4/11/1996
  • Edition number: 1
  • Pages: 148
  • Product dimensions: 6.67 (w) x 9.63 (h) x 0.45 (d)

Table of Contents

Foreword.
Introduction and Acknowledgements.
Judicial Review in Scotland: The Key Characteristics and Research Issues.
The Use of Judicial Review.
Judicial Review Procedure.
Legal Aid and Judicial Review.
Survey of Solicitors and Lay Advisers.
The Impact of Judicial Review.
Conclusions.
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