Judicial Review is a systematic treatment of the remedy of judicial review in Scotland. While always available in the Court of Session in Scotland, judicial review's growth in recent years has led to greater attention being paid to its legal and constitutional significance. This book provides a definitive statement of the current law on the scope and grounds of judicial review and places it in its historical and constitutional context.
Part I: The context of judicial review * Introduction * The historical context * The judical context * The constitutional context Part II: The new world of judicial review * The European Union law and judicial review * The Human Rights Act 1998 * The Scotland Act 1998 Part III: The scope of judicial review * The scope of the supervisory jurisdiction * Jurisdictional limitations * Locus standi * Exclusion clauses * Alternative remedies * Reality, prematurity and delay Part IV: The grounds for review * The grounds in general * Illegality * The substance of human rights * Breach of prescribed procedures * Breach of common law procedures * Legitimate expectation * Misuse of power * Irrationality and proportionality * Error Part V: Procedure and remedies * Practice and procedure * Declarator and reduction * Suspension and interdict * Positive remedies Human Rights Act 1998 Chapter 58 of the Rules of the Court of Session
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- ID: 9780414011731
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