Judicial Review in Scotland: A Practitioner's Guide

Auteur
Aidan O'Neill KC (Scotland), KC (England and Wales), BL (Ireland) Senior Counsel. Specialist and leading counsel in all matters of public law and judicial review in Scotland. Consistently assessed by legal directories as the star individual standout senior counsel in Scotland in public law. Author of the first edition as well as other well-regarded practitioner texts including EU law for UK Lawyers. David Welsh, advocate and barrister. Has a busy public law practice at the Scottish Bar, acting for petitioners and respondents in a broad range of administrative law and constitutional matters. Both proposed authors are highly ranked by the legal ratings bodies; have busy, practical public law practices; and have been involved in many of the most significant public law challenges in Scotland recent years.

Texte du rabat

This book is a practical guide to judicial review in Scotland. It provides an exposition not only of the legal bases on which review can be sought, but also an examination of the practical decisions to be considered: when to seek it, how to fund it, what orders to seek.

It focuses on the law, but also on its application and on its use as a form of litigation, a form of campaigning, and a form of holding the government to account as a constitutional function.

The Second Edition is thoroughly revised throughout and provides coverage of:

• The significant impact that the Courts Reform (Scotland) Act 2014 has had on Scottish courts, particularly the judicial review procedure through the introduction of the permission stage and appeals.
• Significant amendments to the Scotland Act 1998 increasing the powers of the devolved parliament and the challenges brought in relation to that.
• All of the Brexit withdrawal legislation that was passed since the previous edition, significantly altering the sources of Scots law for public law purposes. In addition, the substantive changes to public law following constitutional challenges taken in the Scottish courts in the wake of Brexit.
• The Equality Act 2010 which heavily altered the manner in which certain discrimination law claims are to be brought.
• Significant development in Scotland in relation to successful challenges to some of the lockdown restrictions during the Covid-19 pandemic.
• Developments to the methods of funding judicial review and access to the courts and other methods of litigating public law in the Scottish courts.

Contenu
Chapter 1: The Uses of Judicial Review Chapter 2: The Principles of Judicial Review Chapter 3: Human Rights and Judicial Review Chapter 4: Judicial Review and Westminster Legislation Chapter 5: Judicial Review and the Scottish Parliament and Executive Chapter 6: Judicial Review Procedure in Practice Chapter 7: Judicial Review and Agriculture and Fisheries Chapter 8: Judicial Review and Employment Chapter 9: Environmental Protection, Planning and Judicial Review Chapter 10: Judicial Review and Immigration and Asylum Law Chapter 11: Judicial Review of Legal Aid and Compensation for Criminal Injuries Chapter 12: Local Authorities and Judicial Review Chapter 13: Judicial Review, the Press and Broadcasters Chapter 14: Criminal Justice, Prisoners' Rights and Judicial Review