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Administrative Law and The Administrative Court in Wales

Author(s): David Gardner

Language: English

Genre(s): Social Policy and Law Welsh Interest

Series: The Public Law of Wales

September 2016400 pages234x156mm

Hardback - 9781783169320 eBook - epub - 9781783169344 eBook - mobi - 9781783169351 eBook - pdf - 9781783169337

About The Book

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.

Endorsements

‘David Gardner’s book is an invaluable resource written from a unique perspective. He skilfully discusses the application of Administrative Law principles in cases involving a National Assembly exercising devolved powers, public bodies whose powers to differing degrees diverge from those of their English equivalents, and tribunals operating outside the two-tier system and only operate in Wales.’
- Rt Hon. Lord Justice Beatson

‘This valuable and timely work addresses administrative law in Wales at a time when Welsh public law is emerging from the historical shadows. Wales now has a National Assembly with power to enact primary legislation within defined areas, a Welsh Government regulating large areas of life within Wales, and a range of other Welsh public bodies. David Gardner’s book analyses the principles governing the exercise of power by public authorities in the specific context of the constitutional and administrative framework, providing a detailed analysis of the practice and procedure of the Administrative Court in Wales. The work deserves to be read, and regularly consulted, by all those involved with public law in Wales – it will become a valuable source of guidance for all those involved in Welsh public law litigation.’
- The Hon. Mr Justice Lewis, Presiding Judge Wales

‘David Gardner has done a great service in producing a key text on administrative law and practice in Wales. He has the enormous advantage of having worked at the coal face of public law in Wales over a number of years, and is ideally placed to explain its history, substance and practice. The book is essential reading for all who are directly involved in the practice of administrative law in Wales, but all lawyers and law students in Wales should benefit from his assembly of material and the care with which it is presented. Like the author, I look forward to the day when there is a strong public law bar in Wales. This book should provide a catalyst for that necessary development.’
- The Hon. Mr Justice Cranston FBA, Judge in Charge of the Administrative Court, England and Wales

‘By virtue of his experience and expertise, David Gardner is particularly well placed to write on administrative law and the role of the Administrative Court in a devolved Wales. All who practise before that court, and all students of the workings of public law in a devolved context, will be grateful to him for this authoritative and invaluable work.’
- The Rt Hon. Lord Justice Lloyd Jones

‘Since David Gardner became the Administrative Court lawyer in Cardiff, he has been a source of helpful and practical information about the judicial review process in Wales. In this book, he has produced a text which encapsulates that knowledge and explains clearly the principles of administrative law.’
- Mark Rhys-Jones, Deputy District Judge

‘For those of us practising law in Wales, it has long been the case that legal text books treated Welsh law in much the same way as the Encyclopaedia Britannica once treated Wales (viz. in a footnote reading “For Wales, see England”)! This was most certainly true in respect of Administrative and Public law. In relation to this topic, at least, Administrative Law and the Administrative Court in Wales goes a considerable way to remedying this error. Often may this precedent be repeated!’
- Rhodri Williams QC

‘An important and engaging book at a time of increasing divergence of the law in Wales compared to England. Illuminated by reference to numerous Welsh cases, and with practical help and insight into the operation of the court, this should be essential reading for anyone practising public law in Wales.’
- Jeff Godfrey, Head of Legal Services, Welsh Government

‘This book is written from a unique and expert perspective in a very accessible style. It will be a vital source for students, practitioners and the public who wish to understand the development of the Administrative Court and the distinct practices and procedures of judicial review and administrative justice in Wales.’
- Dr Huw Pritchard, Lecturer in Devolved Law and Governance, Cardiff University

‘As that rare beast, a claimant public law lawyer practising in Wales, Administrative Law and the Administrative Court in Wales could not have been written soon enough. Fortunately it is now with us and has been written by the leading authority on the subject, the Administrative Court Officer for Wales, David Gardner.’
- Michael Imperato, Partner at Watkins and Gunn Solicitors

‘There is a gap in the market for public administrative lawyers in Wales. This book begins to redress the problem by providing an invaluable resource for law students up to experienced professionals hoping to gain greater insight into Welsh public administrative law and practice, a field that is increasingly diverging from English law and practice. The book is particularly impressive in its dissemination of practical information about the Administrative Court in Wales, alongside a rich understanding of the historical development of Welsh law. David Gardner’s book provides an excellent combination of practical information about the Administrative Court in Wales, alongside a rich understanding of the historical development of Welsh public law, and is an invaluable resource for law students and experienced professionals alike.’
- Dr Sarah Nason, Bangor Law School, Bangor University

About the Author(s)

David Gardner

David Gardner is a solicitor and barrister of Lincoln’s Inn, having been the Administrative Court Office Lawyer for Wales since the creation of the Administrative Court Office in Wales in 2009.

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