Administrative Justice in Wales and Comparative Perspectives

Description

This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.

List of Figures
List of Tables
Introduction: Administrative Justice in Wales and Comparative Perspectives
Sarah Nason…………………………………………………………………………………
PART 1
Welsh Legislation and Administrative Justice
1. Implications for Administrative Justice of Wales’ Unique Child Rights Laws
Jane Williams...............................................................................................................
2. The Housing (Wales) Act: What’s Philosophy got to do with it?
Helen Taylor.................................................................................................................
3. Administrative Justice and the Welsh Language (Wales) Measure 2011
Catrin Fflur Huws…………………………………………………………………
PART 2
Welsh Commissioners and Administrative Justice
4. Language Commissioners and their Independence
Diarmait Mac Giolla Chríost ………………………………………………………
5. The Children’s Commissioner for Wales and the Older People’s Commissioner for Wales and the Administrative Justice System
Ann Sherlock and John Williams…………………………………………………...
PART 3
Administrative Justice Within and Across the UK: New Developments in Tribunals and Ombudsmanry
6. Opportunities and Constraints: Reflections on Reforming Administrative Justice Within and Across the UK
Brian Thompson…………………………………………………………………….
7. Current Developments in UK Tribunals: Challenges for Administrative Justice
Robert Thomas……………………………………………………………………...
8. Building a Welsh Jurisdiction through Administrative Justice
Huw Pritchard………………………………………………………………………
PART 4
Comparative Perspectives on Administrative justice
9. The Administrative Court and Administrative Law in Wales and Comparative Perspectives
Sarah Nason and David Gardner…………………………………………………..
10. The Shaping of Federal Administrative Justice in Belgium: Recasting Citizens–administration Relationships
Yseult Marique……………………………………………………………………...
11. Amalgamation of Tribunals: Whether ‘tis Better … ?
Robin Creyke..............................................................................................................
12. Administrative Justice Without Lawyers? Unrepresented Parties in Australian Tribunals
Matthew Groves……………………………………………………………………
13. Maintaining Administrative Justice in the Dutch Regulatory Welfare State
Albterjan Tollenaar…………………………………………………………………
SELECTED BIBLIOGRAPHY…………………………………………………………….

Sujets

• Droit public
• Administration
• Justice
• Wales
• Perspectives
• Law
• Administration (business)
• Comparative
• Droit et juridique
• Administrative Law
• Regulatory Practice

Informations

• Publié par: University of Wales Press
• Date de parution: 15 septembre 2017
• Nombre de lectures: 0
• EAN13: 9781786831415
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

T H E P U B L I C L A W O F W A L E S
Administrative Justice in Wales and Comparative Perspectives
T H E P U B L I C L A W O F W A L E S
EDITORIAL BOARD
General Editor: Thomas Glyn Watkin
Keith Bush QC Director of the Legal Wales Foundation
David Dixon Senior Lecturer, Cardiff University
Dylan Hughes First Legislative Counsel, Welsh Government
His Hon. Judge Milwyn Jarman QC Specialist Chancery Judge for Wales
Howard A. Johnson former Senior Lecturer, Bangor University
Gwion Lewis Barrister, Landmark Chambers, London
The Right Hon. Sir David Lloyd Jones Lord Justice of Appeal and former Chair of the Law Commission of England and Wales
Lowri Morgan Head of the Wales Office, Law Society of England and Wales
R. Gwynedd Parry Professor of Law, Swansea University
Dr Osian Dafydd Rees Senior Lecturer, Bangor University
Winston Roddick QC Police Commissioner for North Wales, former Counsel General, National Assembly for Wales
Graham Walters Barrister, Civitas Chambers, Cardiff
Huw Williams Solicitor, Geldards, Cardiff
John Williams Professor of Law, Aberystwyth University
T H E P U B L I C L A W O F W A L E S
Administrative Justice in Wales and Comparative Perspectives
Edited by Sarah Nason -->

UNIVERSITY OF WALES PRESS
2017
© The Contributors, 2017
All rights reserved. No part of this book may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright owner. Applications for the copyright owner s written permission to reproduce any part of this publication should be addressed to the University of Wales Press, 10 Columbus Walk, Brigantine Place, Cardiff CF10 4UP.
The views expressed in this text are those of the author, and do not necessarily reflect those of Her Majesty s Courts and Tribunals Service or the Ministry of Justice.
The content of this publication does not constitute legal or other professional advice, and should not be relied upon as such. While every reasonable effort has been made to ensure that the content is accurate and up to date, any reliance on the content is solely at the user s own risk.
www.uwp.co.uk
British Library CIP Data
A catalogue record for this book is available from the British Library.
ISBN 978-1-78683-139-2 eISBN 978-1-78683-141-5
The rights of the Contributors to be identified as authors of this work has been asserted in accordance with sections 77 and 79 of the Copyright, Designs and Patents Act 1988.
The publisher has no responsibility for the persistence or accuracy of URLs for any external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
Series Preface
F or several centuries after the union of the two countries under the Tudors, the laws which applied in England and the laws which applied in Wales were almost exactly identical. Although administered differently in Wales by the courts of Great Session, the laws were not different. Only in the nineteenth century, barely half a century after the abolition of the Great Sessions in 1830, did laws begin to be made for Wales which did not apply in neighbouring England. The number of such laws however remained small when compared with those which were common to both countries. England and Wales was a single law district with a single law - the law of England and Wales, which was in reality English law.
Devolution has changed that situation significantly. The creation of the National Assembly for Wales and its subsequent acquisition of primary law-making powers has meant that there is now a growing number of differences between the laws which apply in Wales and those which apply in England. Although in the majority of cases, the laws of the two countries remain the same, there is an increasing divergence in the rules relating to those matters which have been devolved. In truth, there are now three bodies of law in England and Wales: one which applies only in Wales; a second which applies only in England, and a third which applies in both countries. Whenever the National Assembly legislates for Wales or the United Kingdom Parliament legislates only for England, the divergence increases. As that divergence increases, so does the importance that lawyers, law students and the public should be able to inform themselves of what the law is in Wales. People need to know the laws which govern their lives from the perspective of the society in which they live. In both countries, lawyers need to know what the law is on either side of the border
The temptation has been to present the law which applies in Wales in terms of the law which applies in England, while merely noting the differences. As divergence increases, that approach becomes not merely unhelpful from a Welsh perspective, but unacceptable. The purpose of this series therefore is to present to the professions and to the public an account of the law as it applies in Wales in the areas where there is now divergence, and in so doing to both redress the deficit and provide the foundation for a legal literature to serve the distinct needs of Wales.
Thomas Glyn Watkin
To the memory of Dr David Williams, Judge of the Upper Tribunal, colleague, mentor and friend
Contents
Series Preface
Foreword
Notes on Contributors
List of Figures
List of Tables
Introduction: Administrative Justice in Wales and Comparative Perspectives
Sarah Nason
PART 1
Welsh Legislation and Administrative Justice
1 Implications for Administrative Justice of Wales Unique Child Rights Laws
Jane Williams
2 The Housing (Wales) Act: What s Philosophy got to do with it?
Helen Taylor
3 Administrative Justice and the Welsh Language (Wales) Measure 2011
Catrin Fflur Huws
PART 2
Welsh Commissioners and Administrative Justice
4 Language Commissioners and their Independence
Diarmait Mac Giolla Chríost
5 The Children s Commissioner for Wales and the Older People s Commissioner for Wales and the Administrative Justice System
Ann Sherlock and John Williams
PART 3
Administrative Justice Within and Across the United Kingdom: New Developments in Tribunals and Ombudsmanry
6 Opportunities and Constraints: Reflections on Reforming Administrative Justice Within and Across the United Kingdom
Brian Thompson
7 Current Developments in UK Tribunals: Challenges for Administrative Justice
Robert Thomas
8 Building a Welsh Jurisdiction Through Administrative Justice
Huw Pritchard
PART 4
Comparative Perspectives on Administrative Justice
9 The Administrative Court and Administrative Law in Wales and Comparative Perspectives
Sarah Nason and David Gardner
10 The Shaping of Federal Administrative Justice in Belgium: Recasting Citizens-administration Relationships
Yseult Marique
11 Amalgamation of Tribunals in Australia: Whether tis Better … ?
Robin Creyke
12 Administrative Justice Without Lawyers? Unrepresented Parties in Australian Tribunals
Matthew Groves
13 Maintaining Administrative Justice in the Dutch Regulatory Welfare State
Albertjan Tollenaar
Select Bibliography
Notes
Foreword
T he review of executive action is not a new concept in Wales; but the last fifty years has seen a dramatic increase in public scrutiny of administrative decisions, and the processes from which they result. This has led to louder and louder cries for decisions of public bodies to be reconsidered, and to a burgeoning of administrative justice . We have seen court challenges to executive decisions evolve from rare and exotic flowers, to fields which now dominate the work of the Queen s Bench Division of the High Court and Civil Division of the Court of Appeal, as well as occupying a tribunal system which hears as many cases as all civil courts put together. Furthermore, in recognition of the need for administrative decision-making to be good , as well as lawful, administrative decision-makers have also generally moved to adopt internal review procedures, many of which deal with complaints about the merits of the relevant decision; and, not only has the role of ombudsman been created, it now holds an important place in the broader administrative justice landscape.
Reflecting where executive power has lain, most of these developments have been London-centric. However, over the last ten years, things have been changing. For example, administrative justice, in the narrow sense of the judicial adjudication of disputes between citizens and the state, has been decentralised to a significant extent, through the tribunal system and by the opening of Administrative Court Offices out-of-London, including in Cardiff from where the Administrative Court in Wales is managed. About 20 per cent of Administrative Court cases are now administered and heard out of London.
However, in Wales, the changes have been much the greater because of the effects of devolution. Although justice is not a devolved function - and is unlikely to be devolved in the immediate future, even with a reserved powers model - in Wales, executive functions have a different backdrop, they are dispersed differently, and they are subject to increasingly different administrative processes. Those differences are being accelerated and accentuated by increasingly different substantive law and policy in Wales, particularly in areas which necessarily have a high level of administrative decision-making, such as health care, social welfare and housing.
Consequently, although not responsible for the justice area, the Welsh Government has recognised that it cannot ignore the need for the administrative decision-making for which it is ultimately responsible to be the subject of appropriate review processes. It is readily apparent that processes that may be appropriate for the United Kingdom, or En