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Judicial review : principles and procedure
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Judicial review : principles and procedure

Jonathan Auburn

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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. The impact of ECHR and EU law of judicial review
The Human Rights Act 1998 and judicial review
European Union law and judicial review
Part III. Procedural grounds of challenge
Procedural fairness : general principles
Procedural fairness : specific requirements
Consultation
Bias, predetermination and independence
Delay on the part of public bodies
Reasons
Part IV. Substantive grounds of challenge
Identifying powers and duties and ascertaining their scope
Acting outside the scope of powers and duties
Failing to comply with duties or to exercise powers
Relevant, irrelevant and permissible considerations
The public sector equality duty
Unauthorised and improper purposes
Irrationality and unreasonableness
Proportionality
Legitimate expectation
Errors of fact
Part V. Judicial review in particular contexts Policies, guidance and non-statutory schemes
Challenges to legislation
Part VI. Procedure
Claims for which the judicial review procedure must or may be used
The parties
The initial stages
The permission stage
The substantive stage
Costs
Part VII. Interim and final remedies
Interim remedies
Final remedies
Monetary awards
Discretionary refusal of final remedies.

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Judicial review : principles and procedure by Jonathan Auburn. ISBN 9780199545094. Published by Oxford University Press in 2013. Publication and catalogue information, links to buy online and reader comments.

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