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Courses

LAWS2043 Public Law 2: Administrative Justice

Module Overview

This module, the second in Public Law, focuses upon the rules of administrative law which prevail in each jurisdiction and the conceptions of administrative justice. It introduces students to the relevant legal and non-legal frameworks, providing the necessary tools to undertake a critical consideration of these frameworks’ relative success in protecting and promoting ideals of administrative justice and, through that, constitutionalism and the rule of law.

Aims and Objectives

Module Aims

This Module builds on your understanding and skills in Public Law 1 by focusing on the rules, principles and concepts which form the basis of administrative justice. The Module explores administrative law both in the UK and EU legal orders and the underlying connections between both when seeking of holding power to account through legal procedures.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • the constitutional background to, development of, and current status of administrative law in England.
  • the grounds of judicial review in England and Wales.
  • the principles which structure the competences of the European Union and the exercise of those competences by EU institutions.
  • the procedural rules relevant to the legal challenge of exercises of power by domestic or EU institutions, such as rules of standing.
  • the extent of, and reasons for, the divergence in approach as regards administrative law in the EU and in England and Wales.
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • analyse legal and non-legal sources relevant to the topic of administrative law and administrative justice in the context of both the English and European legal systems.
  • correctly apply knowledge and understanding of English and European Union administrative law to a range of hypothetical scenarios.
  • critically assess the adequacy of the systems of administrative law and justice within English and European law in their own right and by comparing one with the other, along normative axes such as those provided by the concepts of administrative justice and the rule of law.
  • apply legal material to a range of new and hypothetical scenarios in order to demonstrate your understanding of the principles underlying that material.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • critically evaluate complex material, providing a reasoned basis for your agreement or disagreement with it.
  • understand and critically assess complex conceptual disputes and their translation into practice.
  • construct and present clear and coherent written argument demonstrating an appreciation of academic integrity

Syllabus

The following is an indicative list of topics covered in the module: 1. Normative accounts of administrative justice and related concepts. 2. English administrative law. a. The development of administrative law in England. b. The grounds of judicial review in domestic law: i. Illegality. ii. Irrationality. iii. Procedural impropriety. iv. Legitimate expectations. v. The evolution of approaches to reasonableness in judicial review. c. The process of judicial review: i. Standing in judicial review proceedings. ii. Amenability to judicial review. iii. Procedural limitations in judicial review 3. EU administrative law: a. General principles of EU law. b. Grounds of judicial review in the EU. c. Procedural elements of EU administrative law.

Learning and Teaching

Teaching and learning methods

Teaching methods include: Lectures will provide an overview of the module content and, where appropriate, offering a detailed discussion of specific elements of module content. Tutorials will enable you to discuss material read in advance – primarily cases relevant to that seminar’s topic – and discussion 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 exam.

TypeHours
Preparation for scheduled sessions66
Lecture22
Tutorial8
Revision30
Follow-up work24
Total study time150

Resources & Reading list

Dadomo and Quenivet (2015). European Union Law. 

Other resources. The principal library resources exist through the library’s existing holdings (including electronic). The module will also be supported by provisions in the ‘Blackboard’ learning platform.

Le Sueur, Sunkin and Murkens (2014). Public Law: Text Cases and Materials. 

Assessment

Formative

Essay

Summative

MethodPercentage contribution
Examination  (2 hours) 100%

Repeat

MethodPercentage contribution
Examination  (2 hours) 100%

Referral

MethodPercentage contribution
Examination  (2 hours) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

You will be expected to purchase a core mandatory text in each of the principal areas of this module: EU Law and UK Public Law. The choice of textbook will remain under review given the number and frequency of new texts becoming available in these areas. Additional printing costs may apply.

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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