Judicial Review

Judicial Review

by Mark de Blacam

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Overview

Judicial Review, Third Edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011. It includes cases such as article 40 inquiries (habeas corpus applications) and references to the European Court of Justice under article 234 TEC. It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom.

The law in relation to the reasonableness and proportionality of an administrative decision has been re-examined in the light of the Supreme Court decision in Meadows v Minister for Justice. Also re-examined is the law in relation to a decision-maker's obligation to give reasons for his decision in the light of the Supreme Court's decision in Mallak. As well as these, the book features a detailed account of the meaning and effect of a 'proportionality analysis' of a public act, indeed proportionality features prominently throughout the book in conjunction with the discussions on Meadows. There is also a detailed discussion of a court's approach to 'deference' in respect of a public act.

In this new edition, the procedure chapters have been rewritten to take account of changes brought about by SI 691/2011 and SI 345/2015. Along with this a new chapter has been added on the philosophy of judicial review.

Product Details

ISBN-13: 9781526502773
Publisher: Bloomsbury Publishing
Publication date: 05/25/2017
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 1278
File size: 2 MB

About the Author

Mark de Blacam is a Senior Counsel, with expertise in both judicial review and road traffic law. He has been a Senior Counsel for 17 years.

Table of Contents

Part I: The Review Framework
Chapter 1 Introduction
Chapter 2 The Justification for Review
Chapter 3 Standing for the Purpose of Review
Chapter 4 The Decisions Subject to Review: An Overview
Chapter 5 The Decisions Subject to Review: The Case Law
Chapter 6 The Principles of Review
Chapter 7 The Effect of Review
Chapter 8 The Philosophy of Review
Part II: Review For Error
Chapter 9 Jurisdiction and Legality: an Introduction
Chapter 10 Jurisdiction and Legality: the Case Law
Chapter 11 Error in the Application of European Union Law
Chapter 12 Error of Law on the Face of the Record
Chapter 13 Error of Fact
Part III: Review For Unfairness
Chapter 14 The Requirement of Fairness in Public Law
Chapter 15 Bias
Chapter 16 The Requirement of a Fair Hearing
Chapter 17 The Requirement that Reasons be Given
Chapter 18 Legitimate Expectations
Part IV: Review For Breach of Fundamental Rights
Chapter 19 Breach of Constitutional Rights
Chapter 20 Standards of Review
Chapter 21 Proportionality: An Introduction
Chapter 22 Proportionality: Comparative Approaches
Chapter 23 Proportionality Review in Practice
Chapter 24 Deference
Chapter 25 Breach of the European Convention on Human Rights
Chapter 26 Breach of Other International Agreements
Part V: Review For Unreasonableness and Abuse of Power
Chapter 27 Reason and the Rule against Unreasonableness
Chapter 28 Application of the Rule against Unreasonableness
Chapter 29 Categories of Unreasonableness and Factors in the Determination
Chapter 30 The Adequacy of Reasonableness Review
Chapter 31 Fraud, Bad Faith and Misuse of Power
Part VI: Defences to an Application
Chapter 32 Legality and Mistake
Chapter 33 Review as a Discretionary Remedy
Chapter 34 The Conduct of the Applicant
Chapter 35 Failure to Exhaust Alternative Remedies
Chapter 36 Delay
Chapter 37 Futility
Part VII: The Remedies
Chapter 38 Certiorari
Chapter 39 Mandamus
Chapter 40 Prohibition
Chapter 41 Declaration
Chapter 42 Injunction
Chapter 43 Damages
Part VIII: Procedure
Chapter 44 Order 84 Application, Plenary Action or Relator Action?
Chapter 45 An Introduction to Order 84 Judicial Review Procedure
Chapter 46 Preliminary Procedure Including the Application for Leave
Chapter 47 Post-Leave Procedure
Chapter 48 Interlocutory Applications
Chapter 49 The Hearing of the Review Application
Chapter 50 The Decision of the Court
Chapter 51 Appeals
Chapter 52 Costs
Part IX: Procedure in Special Cases under Statute
Chapter 53 An Introduction to Statutory Judicial Review Procedure
Chapter 54 Procedure in Planning Cases
Chapter 55 Procedure in Immigration and Refugee Cases
Chapter 56 Procedure in Public Procurement Cases
Chapter 57 Procedure in Other Special Cases under Statute
Part X: Other Forms of Review
Chapter 58 Case Stated
Chapter 59 Statutory Appeals
Chapter 60 Article 40 Inquiries and Habeas Corpus Applications
Chapter 61 References under Article 267 of the Treaty on the Functioning of the European Union
Appendix
Order: 84
Judicial Review and orders affecting personal liberty
Order 84A
Review of the Award of Public Contracts
Order 84B
Procedure in Statutory Applications
Order 84C
Procedure in Statutory Appeals

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