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 also critically examines the development of rights protection and the enactment of the Human Rights Act 1998. Finally, the module looks at the centrality of administrative law and judicial protection to the accountability of public power within the UK Constitution. You will study 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 composition and functions of the key legal actors and institutions of the UK Government
- Grounds of Judicial Review ad the underlying principles lying behind Judicial Review
- Principles and practices of Administrative Justice
- The sources of law for the UK constitution
- The nature, functions and basic doctrines of the UK constitution
- 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
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- Construct and present clear and coherent written argument on complex issues
- Analyse in depth relevant primary and secondary source materials;
- Critically evaluate specific rules and principles studied and others’ arguments;
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- Analyse primary and secondary sources relevant to the topics of administrative law, judicial review and administrative justice
- Interpret and critically comment upon the relevant jurisprudence of the UK courts with emphasis on constitutionally relevant cases and judicial review
- Critically assess the nature and role of law in the UK
- Engage with primary sources of UK constitutional law
Syllabus
The concept of Constitutionalism 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 in English judicial review .
The procedural requirements of judicial review.
Judicial remedies.
Administrative Justice mechanisms.
Contemporary challenges in judicial review.
Learning and Teaching
Teaching and learning methods
Teaching methods include:
• Two (2) 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.
• Eight (8) 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 |
|---|---|
| Wider reading or practice | 10 |
| Revision | 50 |
| Completion of assessment task | 30 |
| Preparation for scheduled sessions | 150 |
| Tutorial | 16 |
| Lecture | 40 |
| Total study time | 296 |
Assessment
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Examination | 30% |
| Examination | 70% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Examination | 70% |
| Examination | 30% |
Repeat Information
Repeat type: Internal & External