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Description

Stanley de Smith began writing this book as a PhD thesis in the 1950s, and it was published in 1959. In his original Preface, de Smith stated the following goals: “[This book] is intended to be useful to practitioners, public administrators and their legal advisors, as well as students and instructors in England and internationally. Also, non-lawyers studying government may discover content in it that relates to the greater concerns that arise in the connection between the Administration and the person.” De Smith’s work was the first in the United Kingdom to comprehensively detail and analyse this area of law. It immediately gained a reputation for innovation both in the United States and in the Commonwealth.

In 1968 and 1973, Professor de Smith published two further editions. Professor John M. Evans (later Mr Justice Evans of the Federal Court of Canada) edited the 4th edition in 1980 after de Smith’s unexpected death. When two of the current writers (Woolf and Jowell) were invited to create a 5th edition of the work in the early 1990s, it quickly became evident that the original goal of just updating the previous version was inadequate. The 1980s and early 1990s saw dramatic changes in judicial review, prompted by reforms to procedures and remedies as well as a changing intellectual climate: the number of applications increased from a few hundred per year to several thousand; the judicial reasoning that creates the grounds for challenging the validity of governmental action grew in sophistication; and there was a burgeoning academic literature about this area of law. The work’s 5th edition (ISBN 0420466207) was released in 1995 (with Andrew Le Sueur’s help) and was a significant reorganisation and augmentation of the 1980 version. In 1998, a supplement was produced that updated the 1995 text (ISBN 0421607904). Principles of Judicial Review, a shortened version of the book meant mainly as a student manual, was released in 1999. (ISBN 042162020 X).

TABLE OF CONTENTS De Smith’s Judicial Review

Part I : The Context of Judicial Review
1.    The Nature of Judicial Review
2.    Claimants, Interested Parties and Interveners
3.    Defendants and Decisions subject to Judicial Review
4.    Concepts of Jurisdiction and Lawful Administration
5.    Illegality
Part II : Grounds of Judicial Review
6.    Procedural Fairness : Introduction, History and Comparative Perspectives
7.    Procedural Fairness : Entitlement and Content
8.    Procedural Fairness : Exceptions
9.    Procedural Fairness : Fettering of Discretion
10.  Procedural Fairness : Bias and Conflict of Interest
11.  Substantive Review and Justification
12.  Legitimate Expectations
13.  Convention Rights as Grounds for Judicial Review
14.  Review under European Union Law
Part III : Procedure and Remedies
15.  The Historical Development of Judicial Review Remedies and Procedures
16.  CPR PT 54 Claims for Judicial Review
17.  Other Judicial Review Proceedings
18.  Judicial Review Remedies
19.  Monetary Remedies in Judicial Review
Appendices
Appendix A – Note on Citation of Authorities
Appendix B – Classification of Functions
Appendix C – Extracts from the Senior Court Act 1981 (formerly the Supreme court Act 1981)
Appendix D – Extracts from Tribunals, Courts and Enforcement Act 2007
Appendix E – Extracts Human Rights Act 1998
Appendix F – Civil Procedure Rules PT 54
Appendix G – Practice Direction 54A-Judicial Review
Appendix H – Practice Direction 54D-Administrative Court (Venue)
Appendix I – Pre-Action Protocol for Judicial Review
Appendix J – N461 Claim Form
Appendix K – N462 Acknowledgment of Service
Appendix L – N463 Application for Urgent consideration
Appendix M – N464 Application for Directions as to Venue for Administration and Determination
Appendix N – N465 Response to Application for Directions as to Venue for Administration and Determination
Appendix O – Procedural Checklist