Judicial Review and Social Welfare

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Trevor Buck
A&C Black, Aug 13, 1998 - Political Science - 338 pages
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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.

 

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Contents

Judicial Review and Access to Health Care
39
Judicial Review and Mental Health
55
Judicial Review and Social Security
90
Judicial Review and Legal Services
142
Judicial Review and Homelessness
158
Immigration and Judicial Review
202
Judicial Review and Social Welfare
220
Judicial Review and Gypsy Site Provision
244
Judicial Review in the Court of Session
271
Judicial Review in Northern Ireland
291
Conclusion
310
Index
331
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