LL3103 - Public Law A (Constitutional and Administrative) (2024/25)
| Module specification | Module approved to run in 2024/25, but may be subject to modification | |||||||||||||||||||||||||
| Module title | Public Law A (Constitutional and Administrative) | |||||||||||||||||||||||||
| Module level | Honours (06) | |||||||||||||||||||||||||
| Credit rating for module | 24 | |||||||||||||||||||||||||
| School | Guildhall School of Business and Law | |||||||||||||||||||||||||
| Total study hours | 240 | |||||||||||||||||||||||||
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| Assessment components |
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| Running in 2024/25(Please note that module timeslots are subject to change) |
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Module summary
The Public Law and Human Rights course is basically concerned with the law and politics governing the relations between the various institutions of the UK State – such as Parliament, the judiciary and the Government – as well as examining the relations, legal and otherwise between the citizen and the State. Examining such perspectives takes place by necessary reference to the permeating influence of two different types of European law: European Union (EU) law, which is essentially still concerned with promoting economic goals, and European Convention law which focuses on the protection of human rights set out in the ECHR.
The first part of the course examines notions of “constitutionalism” and inquiries into how we can speak of Constitutional law in the UK by reference to principles such as Parliamentary Sovereignty and the Rule of Law. It also looks at the increasing importance of human rights law through examining theories of human rights, the Human Rights Act 1998, and the role of the European Court of Human Rights in Strasbourg.
The second part investigates how the Government, or “Executive”, administers the UK State and considers the effect this has on us as individual citizens. It also considers the differing methods, political, administrative and legal, of holding the Executive to account. It particularly focuses on the procedure and grounds of Judicial Review.
Prior learning requirements
2.2 Bachelor’s Degree or equivalent
Syllabus
Constitutions, Constitutionality and Legitimacy
The nature of constitutions and their role in legitimating and regulating governmental activity. The importance of constitutionality and the rule of law.
Comparison between natural law and positivist theories of law. The three constitutional systems of Public law.
The constitutional principles of English Public Law
Parliament, Law-making and changing statutory interpretation.
Parliamentary Sovereignty.
The Rule of Law, theories of human rights and their promotion and protection.
The Protection of Human Rights and Fundamental Freedoms
The Traditional Approach in English Law, the strengths and weaknesses of the pragmatic tradition of protecting human rights.
The European Convention on Human Rights, the structure and principles of the Convention and the work its institutions, in particular the European Court of Human Rights.
The Human Rights Act 1998 and its operation in the UK.
The Executive and the theory and practice of English Judicial Review
The Procedure of Judicial Review: standing, the public/private divide, remedies.
The Grounds for Judicial Review: illegality, irrationality, procedural impropriety, and proportionality.
The relationship with Human Rights Review and s.6 Human Rights Act 1998.
Balance of independent study and scheduled teaching activity
Scheduled teaching comprises15 two-hour lectures and 15 90 minute tutorials.
Independent study comprises 87.5 hours of directed reading, research, class preparation and formative assessments.
Learning outcomes
Having completed this module, students will be able to do the following:
1. Demonstrate a firm grounding and knowledge of the major concepts, values, principles and rules of Public Law in the UK and practice of Judicial Review.
2. Demonstrate an awareness of and an ability to explain the main institutions of the constitutional framework of government in England and Wales.
3. Demonstrate an awareness and depth of contextual understanding of the main policy and doctrinal issues involved in the development and operation of Public Law.
4. Demonstrate an ability to apply gained legal knowledge to problems of limited complexity, to reflect upon and evaluate this application and to draw logical reasoned conclusions that are supported by argument and legal authority.
5. Demonstrate the ability to write critical, discursive essays relating to the topics covered in the syllabus.
6. Demonstrate an ability to use appropriate legal terminology and language in the context of UK Public Law.