About this Book

Judicial Review, 3rd 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 is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom. Judicial Review is divided into two main sections: 1. Conventional judicial review: Procedure governing conventional judicial review found in Order 84 of the Rules of the Superior Courts 1986 to 2011. 2. Statutory Judicial Review: Specialised statutory schemes of judicial review relating to specific areas of public decision-making which have been singled out by the Oireachtas as warranting specialised schemes because of the policy concerns involved. Statutory schemes and the procedure involved are covered by legislation specific to that area and apply to areas such as asylum, pollution control, planning and the takeover of companies. Contents includes: Introduction; The Justification for Review; Standing for the Purpose of Review; The Decisions Subject to Review: an Overview; The Decisions Subject to Review: The Case Law; The Principles of Review; The Effect of Review; Jurisdiction and Legality: An Introduction; Jurisdiction and Legality: The Case Law; Error of Law on the Face of the Record; The Requirement of Fairness in Public Law; Bias; The Requirement of a Fair Hearing; The Requirement that Reasons be Given; Legitimate Expectations; Breach of Constitutional Rights; Proportionality; Breach of the European Convention of Human Rights; Breach of other International Agreements; Review for Unreasonableness and Abuse of Power; Fraud, Bad Faith and Misuse of Power; Breach of European Law; Review as a Discretionary Remedy; The Conduct of the Applicant; Failure to Exhaust Alternative Remedies; Delay; Futility; Certiorari; Mandamus; Prohibition; Declaration; Injunction; Damages; An Introduction to Judicial Review Procedure; Preliminary Procedure including the Application for Leave; Post-leave Procedure; Interlocutory Applications; The Hearing of the Review Application; The Decision of the Court and Appeals to the Supreme Court; Costs; An Introduction to Statutory Judicial Review Procedure; Procedure in Planning Cases; Procedure in Immigration and Refugee Cases; Procedure in Public Procurement Cases; Procedure in other Special Cases under Statute; Case Stated; Statutory Appeals; Article 40 Inquiries and Habeas Corpus Applications; References under Art 234 of the European Community Treaty; Various Appendices.