This volume is the only book which focuses on the impact of
judicial review in the social welfare field. It comprises a
selection of essays by academics and practitioners who have an
interest in the operation, impact and future development of
judicial review in a number of social welfare areas: homelessness,
housing benefit, mental health, health care, social security, the
discretionary social fund, immigration, prisoners, education and
gypsy site provision. Two contributions address issues relating to
the supervisory jurisdiction in the Scottish Court of Session and
the High Court of Justice in Northern Ireland.
Each contributor outlines the background and development of
judicial review in their particular field followed by commentary on
the operation of the judicial review remedy and various theoretical
and practical concerns such as the impact of judicial review on
organizational behaviour and its effect on the exercise of
discretionary powers. The essays deal with the political and policy
context of judicial review challenge, and the shifting balance of
advantage offered to social welfare campaigners. The limitations of
judicial review and the comparative merits of statutory appellate
schemes are also examined. The contributors attempt to identify
future areas for research and a concluding chapter draws together
the common themes.
General
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