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.
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