Administrative Law in Ireland, 5th edition

The fifth edition of Administrative Law in Ireland (Round Hall, Dublin, 2019) rolled off the printing presses and into mailbags just before the holidays. Here is the publisher’s blurb:

For over 30 years, Hogan and Morgan has been the leading work on administrative law and judicial review in Ireland.
This new edition of Administrative Law in Ireland provides practitioners, public servants and students with a comprehensive and definitive analysis of the creation, structure and legal regulation of the contemporary Irish administrative state.
Features:
* A detailed guide to Ireland’s administrative structures and judicial review of administrative action.
* Includes all new statutory, regulatory and case-law developments as of January 1, 2019.
* Covers the consequences of the Great Financial Crisis on Irish public administration.
* Each chapter contains the definitive treatment of subjects important for practitioners in public service (the structure of central government; privatisation and procurement; local government and planning; licensing; tribunals of inquiry; and the ombudsman) and private practice (the scope and nature of the application for judicial review and the availability of damages actions against the State).
* Helps to identify key political and legal trends, facilitating effective advocacy in government and in the courts.

New to this edition:
* Updates on reforms to local government, state bodies, whistleblowers, Inquiries, planning and public procurement.
* Major developments in judicial review of administrative action, including constitutional justice (Dellway; Mallak; Guerin).
* A new Chapter devoted to Statutory Interpretation, treating issues specific to administrative law
* A new Chapter on Reasons in administrative law.
* Significantly revised Chapters on the Application for Judicial Review; the Scope of Public Law; Legitimate Expectations; and Damages.
* Survey of the borderline between public and private functions and bodies.
* Takes account of political and legal responses to the Great Financial Crisis.

The material is almost exclusively Irish, but the Chapters on the Ombudsman (Chapter 8), Statutory Interpretation (Chapter 12), Reasons (Chapter 16), Application for Judicial Review (Chapter 18), Scope of Judicial Review (Chapter 19) and Legitimate Expectations (Chapter 19) would all be worthwhile reads for a Commonwealth public law.

Classics such as Tribunals (Chapter 6), Licensing (Chapter 7), Jurisdiction (Chapters 10 and 11), Fair Procedures (Chapters 13, 14 and 15) and Public Authority Liability (Chapter 21) may also be of general interest, alongside the material on the structure of the State (Chapters 3, 4 and 22).

Lastly, there are many fascinating constitutional issues nestled in some of the chapters, especially delegation (Chapter 2), the theoretical basis of fair procedures (Chapters 13, 14 and 15), the interplay between common law and constitutional controls on governmental action (Chapters 10 and 17) and the influence of constitutional norms on the law of tort (Chapter 21).

Happy reading!

This content has been updated on January 7, 2020 at 20:37.

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