Judicial Review and Social Welfare

A collection of essays on the operation, impact, and future development of judical review in specific social welfare areas. Common themes are the political and policy context of judicial rewiew challenge and the shifting balance of advantage offered to social welfare campaigners.

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Comprises a collection 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 thee High Court of Justice in Northern Ireland. Each contributor outlines the background and development of judicial review in their particular field, followed by a 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 effects on the exercise of discretionary powers. The essays deal with the political and policy context of judicial review challenge and the shifting balanxce 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 by the editor draws together the common themes.