Publisher: Round Hall

Publication Date: 21/08/2013

ISBN: 9780414031463

Jurisdiction: Ireland

Key Features and Benefits

This updated and expanded second edition of Judicial Review of Administrative Action provides a comprehensive treatment and analysis of this area of the law.

While it concentrates on examining and analysing the grounds for judicial review in this jurisdiction, reference is also made where appropriate to the relevant principles as they have developed in other common law countries, particularly England, Canada, Australia and New Zealand.

Significant recent decisions from these jurisdictions are examined and their potential relevance to developments in the law in this jurisdiction is assessed. A key text for both students and practitioners, it also examines and analyses judicial review procedure and the nature and scope of the remedies available in such proceedings.

This edition

*Provides a comprehensive analysis of the grounds for judicial review of administrative action in Ireland
*Outlines the Procedure involved in bringing judicial review proceedings
*Assesses how discretionary factors, such as delay and misconduct, influence the likelihood of obtaining judicial review
*Analyses significant decisions of the Supreme Court in this area of the law such Meadows v Minister for Justice, Equality and Law Reform, Mallak v Minister for Justice and Dellway Investments Ltd v NAMA
* Examines the impact of the Rules of the Superior Courts (Judicial Review) 2011 on the time limits for bringing judicial review proceedings
*Consider the likely future role of the doctrine of legitimate expectations in Ireland
*Examines new developments in the circumstances in which an oral hearing may be necessary to comply with rules of natural justice

Contents

1. Judicial Review of Administrative Action - An Introduction
2. Jurisdictional Error
3. The Control of Discretionary Powers
4. Legitimate Expectations
5. Fair Procedures
6. Remedies Available in Judicial Review Proceedings
7. Judicial Review Procedure
8. Significant Themes in the Development of Judicial Review of Administrative Action

About the Author

Professor Hilary Biehler is Professor of Public Law and Head of School in the School of Law, Trinity College Dublin

Background

There has been a significant amount of case law in this area of the law in recent years, both in this jurisdiction and elsewhere in the common law world. Important changes have also been effected to the rules relating to the time within which judicial review proceedings must be brought by the Rules of the Superior Courts (Judicial Review) 2011 which came into force on 1 January 2012.