Judicial Review
Author(s): Mark de Blacam
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.
Review(s):
“It speaks volumes about the content of this book that the obligation to write a review quickly became secondary to my desire to extract all the information this book could provide...This is an excellent book, which is well laid out and pays particular attention throughout to the application of various principles by the courts. In short, this book is a 'must have' for lawyers who practise in this area.” —Law Society Gazette
ISBN: 9781780437026