Module overview
This module considers the foundational principles underpinning the UK constitutional settlement and law. You will study the historical development of the UK constitution and its unwritten character, the key constitutional principles underpinning constitutional governance; including Parliamentary Sovereignty, rule of law, separation of powers and judicial independence. The module critically examines the development of rights protections and the enactment of the Human Rights Act 1998. The module looks at the centrality of administrative law to the accountability of power within the constitution. You will study and the grounds of judicial review and critically evaluate developments in administrative justice.
Aims and Objectives
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the nature, functions and basic doctrines of the UK constitution
- the composition and functions of the key legal actors and institutions of the UK Government
- the sources of law for the UK constitution
- Princples and practices of Administrative Justice
- the significance of the rights protection in the UK following the enactment of the Human Rights Act 1998, including discussions about reforms to the Human Rights Act
- Grounds of Judicial Review ad the underlying principles lying behind Judicial Review
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- interpret and critically comment upon the relevant jurisprudence of the UK courts
- engage with primary sources of UK constitutional law
- critically assess the nature and role of law in the UK
- analyse legal and non-legal sources relevant to the topic of administrative law and administrative justice
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- analyse in depth relevant primary and secondary source materials;
- critically evaluate specific rules studied and others’ arguments;
- construct and present clear and coherent written argument on complex issues;
Syllabus
The concept of Consitutionalism and the development of Constitutional Law in the UK
The sources of legal authority and Parliamentary sovereignty
The importance of values and principles in UK constitutional law
Rule of Law, Separation of Powers and Judicial Independence
The Common Law as a source of rights
The Human Rights Act 1998 and the Convention of Human Rights
The constitutional foundations of judicial review in England.
The substantive grounds of judicial review (i.e. illegality; irrationality / unreasonableness; procedural impropriety; legitimate expectations; proportionality in English judicial review [indicative]).
The procedural requirements of judicial review (e.g. inter alia standing, reviewability, ouster clauses etc. [indicative])
Judicial remedies
Administrative Justice (e.g. inter alia Ombudsmen, tribunals [indicative])
Judicial review and contemporary challenges (e.g. Automated decision-making [indicative])
Learning and Teaching
Teaching and learning methods
Teaching methods include:
• Two hours of lectures each week, providing an overview of the module content and, where appropriate, offering a detailed discussion of specific elements of module content.
• Ten hours of tutorials per semester, in which small groups will discuss material read in advance; this will primarily consist of cases relevant to that tutorial’s topic, and the application of the rules which emerge out of that reading.
Learning activities include:
• Directed Reading as per distributed reading lists.
• Independent research to add to core knowledge, where appropriate
• Preparation of answers to problem questions in advance of seminars.
• Class discussion including small group work.
• Completion of a summative examination.
| Type | Hours |
|---|---|
| Lecture | 40 |
| Revision | 50 |
| Tutorial | 20 |
| Wider reading or practice | 10 |
| Preparation for scheduled sessions | 150 |
| Completion of assessment task | 30 |
| Total study time | 300 |
Assessment
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Coursework | 30% |
| Exam | 70% |
Repeat Information
Repeat type: Internal & External