De Smith's judicial review of administrative action / by J. M. Evans

De Smith's Judicial Review of Administrative Action was recognised on first publication, both in the United Kingdom and abroad, as a uniquely valuable work of scholarship. Following the untimely death of Professor Stanley de Smith, this eagerly awaited fourth edition has been prepared by Professor John Evans, formerly of the London School of Economics and now teaching at Osgoode Hall Law School. While concentrating on the role of the United Kingdom courts in administrative law, Professor Evans has maintained the book's tradition of drawing together materials from all the common law jurisdictions.

The problems that the book explores are of immediate contemporary relevance. For example, on what grounds and by what means may the decisions of statutory tribunals be challenged in the courts? When and how is redress obtainable for errors of law and fact? When is a person whose interest may be adversely affected by administrative action entitled to prior notice and an opportunity to be heard on his own behalf? What are the ingredients of a fair hearing? When are administrative bodies under a duty to give reasons for their decisions? To what legal standards must the exercise of administrative discretion conform? Must administrative action be reasonable? In what circumstances may one who is aggrieved by failure to perform a public duty have recourse to the courts? What is the scope of the various judicial remedies by which redress may be sought?

After an introductory section on the place of judicial review in administrative law and the classification of functions, the book is divided into two parts. The Principles and Scope of Judicial Review deals with such matters as the ultra vires doctrine, the concept of jurisdiction, questions of law and questions of fact, natural justice, the review of discretionary powers and the statutory restriction of judicial review. Following this there is a section on judicial remedies, which includes a chapter on the recently instituted procedure of application for judicial review.