Module Information
Course Delivery
| Delivery Type | Delivery length / details |
|---|---|
| Lecture | 46 x 1 Hour Lectures |
| Seminar | 6 x 1 Hour Seminars |
| Workshop | 2 x 2 Hour Workshops |
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Exam | 2 Hours Exam | 67% |
| Semester Assessment | Essay of 2,000 words | 33% |
| Supplementary Exam | 2 Hours Exam - if exam element failed | 67% |
| Supplementary Assessment | Essay of 2,000 words - if essay element failed | 33% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Explain how the British constitutional system works and be able to discuss proposals for reform;
2. Analyse the existing system and evaluate strengths and weaknesses;
3. Deal with constitutional legal materials in a critical and analytical manner;
4. Identify problems in the constitutional system and apply their knowledge in suggesting possible solutions (for example, with reference to comparative material);
5. Apply legal principles to factual situations in order to suggest possible outcomes to cases;
6. Identify and appreciate the constitutional law implications of general developments in law and politics, and demonstrate understanding of the relationship between UK constitutional law and European / international law as well as the interaction between central and devolved elements of the constitution;
7. Demonstrate a knowledge of the regulation of administrative activities in Britain and be able to analyse key legislation and cases;
8. Demonstrate an understanding of contextual factors, such as the political dynamics that shape the role and legal powers of the executive;
9. Demonstrate an understanding of the judicial review process and its consequences.
Brief description
Public law is conventionally divided into constitutional and administrative law. The United Kingdom is unusual in that it does not have a written constitution. Whether this has an impact in practice and the way in which the Constitution has adapted and accommodated to changing circumstances are important themes of the course. What this means, why it is the case and whether it makes a difference in practice are among the questions which we look at in this course which seeks to introduce students to the study of constitutional law in general and to the basic doctrines of the British Constitution in particular. Administrative law is concerned with the exercise of state power, and the impact of governmental activities upon the citizen including education, the running of our prisons, planning, transport, welfare benefits system and much more.
Content
2. Sources of the British Constitution: legal sources of the UK constitution - primary and secondary legislation; prerogative powers, common law; the place of EU law and of international law in the UK system. Non-legal sources of the constitution - constitutional conventions, formation, identification and possible codification
3. The doctrine of Parliamentary Sovereignty - the meaning and significance of the classic doctrine of Parliamentary Sovereignty; Parliamentary Sovereignty in the context of the contemporary UK Constitution and its development, including consideration of the impact of accession to the EU on the doctrine of Parliamentary sovereignty
4. The rule of law - the significance and meaning of the Rule of Law; the Rule of Law in the contemporary UK Constitution and its development
5. Separation of powers - the meaning and significance of the separation of powers principle; separation of powers and its role in the UK Constitution
6. The territorial structure of the United Kingdom and devolution - introduction to the formation of the UK; relevant laws and legal terminology; general issues regarding division of power in states; devolution in the UK - institutions and powers; federal and unitary characteristics of states
7. Law-making institutions and processes - legislative institutions; law-making powers and processes; scrutiny of the law-making process
8. Executive power and accountability - Executive institutions; Prerogative power and reserve powers; systems for ensuring accountability for executive action
9. The protection of human rights in the United Kingdom - general issues concerning protection of rights in constitutions - content and status of rights human rights protections; the approach in the UK prior to the Human Rights Act 1998; content and status of the Human Rights Act 1998; ongoing debate about change
10. The nature and purpose of administrative law - identifying the various functions of administrative law
11. The modern administrative state - rolling back the frontiers and the rise of New Public Management - the modernization of the Welfare State; privatization - agency creation, contracting out
12. Introduction to judicial review - the legal basis of the judicial review procedure; what acts can be challenged - who can make a claim and when can judicial review be excluded; remedies
13. Non-judicial grievance mechanisms - the Ombudsman system - introduction to the public sector ombudsman system
14. The role of local government - what is local government and what does it do?; the shift from service 'provider' to 'facilitator'
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | |
| Communication | Preparation for and discussion in seminars (written communication assessed) |
| Improving own Learning and Performance | Post lecture research and seminar preparation |
| Information Technology | Post lecture research and seminar preparation |
| Personal Development and Career planning | Learning throughout the module will be relevant to a career in the legal profession |
| Problem solving | Preparation for and discussion of problem solving questions in seminars |
| Research skills | Post lecture research and seminar preparation |
| Subject Specific Skills | Legal research: use of specifically designed legal databases as a resource for statute and case law. |
| Team work | Seminar work: preparation and group discussion |
Notes
This module is at CQFW Level 6