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Book Details
Abstract
As we progress into the twenty-first century, Wales is acquiring a new identity and greater legislative autonomy. The National Assembly and the Welsh Government have power to create laws specifically for Wales. In parallel, the judicial system in Wales is acquiring greater autonomy in its ability to hold the Welsh public bodies to account. This book examines the principles involved in challenging the acts and omissions of Welsh authorities through the Administrative Court in Wales. It also examines the legal provisions behind the Administrative Court, the principles of administrative law, and the procedures involved in conducting a judicial review, as well as other Administrative Court cases. Despite extensive literature on public and administrative law, none are written solely from a Welsh perspective: this book examines the ability of the Welsh people to challenge the acts and omissions of Welsh authorities through the Administrative Court in Wales.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover | Front Cover | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Series Preface | v | ||
| Contents | vii | ||
| Foreword | xi | ||
| Preface | xiii | ||
| Acknowledgements | xix | ||
| Note on the Text | xxi | ||
| List of UK Statutes | xxiii | ||
| List of UK Statutory Instruments | xxix | ||
| List of Acts of the National Assembly | xxxv | ||
| List of Assembly Measures | xxxv | ||
| List of Welsh Statutory Instruments | xxxvi | ||
| List of Conventions | xxxvi | ||
| List of European Treaties | xxxvii | ||
| List of Cases | xxxviii | ||
| Practice Directions, Notes and Statements | lv | ||
| Chapter 1: Historical Introduction | 1 | ||
| Introduction | 1 | ||
| Prehistory and the Romans | 1 | ||
| The Welsh Princes | 3 | ||
| After the Welsh Princes | 7 | ||
| The Legal Union of England and Wales | 9 | ||
| The Establishment of the Current Judicial System in England and Wales | 11 | ||
| Modern Development of Administrative Law and the Crown Office/Administrative Court Office | 21 | ||
| The European Element | 23 | ||
| The Road to Devolution | 25 | ||
| The Government of Wales Act 1998 | 26 | ||
| The Government of Wales Act 2006 | 29 | ||
| Conclusion | 32 | ||
| Chapter 2: The Administrative Court in Wales: Creation and Jurisdiction | 33 | ||
| Introduction | 33 | ||
| Creating the Administrative Court in Wales | 33 | ||
| The Current Arrangement for the Administrative Court in Wales | 38 | ||
| The Jurisdiction of the Administrative Court in Wales | 42 | ||
| The Western Circuit | 50 | ||
| Conclusion | 51 | ||
| Chapter 3: Administrative Law | 53 | ||
| Introduction | 53 | ||
| Overview | 54 | ||
| Unlawfulness | 57 | ||
| Unreasonableness | 71 | ||
| Procedural Impropriety | 77 | ||
| Human Rights | 84 | ||
| Conclusion | 95 | ||
| Chapter 4: Public Law Defendants in Wales | 97 | ||
| Introduction | 97 | ||
| Public Bodies – Defendants in Administrative Court Cases | 98 | ||
| United Kingdom Government | 101 | ||
| The National Assembly for Wales | 102 | ||
| The Welsh Government and the Welsh Ministers | 118 | ||
| Local Government | 122 | ||
| Other Welsh Public Body Defendants | 127 | ||
| Conclusion | 133 | ||
| Chapter 5: Judicial Review | 135 | ||
| Introduction | 135 | ||
| Establishing the Parties | 135 | ||
| Pre-Action Considerations | 138 | ||
| Representation, Funding and Advice | 147 | ||
| An Overview of the Judicial Review Procedure | 151 | ||
| Lodging the Claim | 151 | ||
| Interim, Urgent, and Pre-Action Applications | 154 | ||
| The Acknowledgement of Service | 160 | ||
| Permission to Apply for Judicial Review | 161 | ||
| The Substantive Judicial Review | 167 | ||
| Remedies | 172 | ||
| The Role of the Upper Tribunal in Judicial Review Proceedings | 182 | ||
| The Planning Court | 189 | ||
| Conclusion | 190 | ||
| Chapter 6: Non-Judicial Review Administrative Court Procedures | 191 | ||
| Introduction | 191 | ||
| Pre-Action Conduct | 191 | ||
| Statutory Applications | 192 | ||
| General Statutory Appeals | 197 | ||
| Appeals By Way of Case Stated | 202 | ||
| Habeas Corpus | 206 | ||
| Committal for Contempt | 211 | ||
| Devolution Issues in Court Proceedings: Part 2 of Schedule 9 to the Government of Wales Act 2006 | 217 | ||
| Conclusion | 224 | ||
| Chapter 7: Consequential and Ancillary Orders in the Administrative Court | 225 | ||
| Introduction | 225 | ||
| Ending a Case | 225 | ||
| Costs | 230 | ||
| References to the Court of Justice of the European Union | 247 | ||
| Appeals | 249 | ||
| Enforcing After Non-Compliance with an Order of the Court | 252 | ||
| Conclusion | 256 | ||
| Annex A – Part 54 Civil Procedure Rules | 257 | ||
| Annex B – ACO Wales Listing Policy | 277 | ||
| Annex C – Contact Details | 282 | ||
| Annex D – Addresses for Service of Central Government Departments | 285 | ||
| Annex E – Judicial Review Checklist | 287 | ||
| Annex F – ACO Wales Statistics | 288 | ||
| Annex G – Pro Formas | 291 | ||
| Annex H – The Legal System of England and Wales | 293 | ||
| Bibliography | 295 | ||
| Index | 303 | ||
| Back Cover | Back Cover |