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
Learning Outcomes
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- thoroughly understand and critically assess complex conceptual disputes and their translation into practice.
- critically evaluate complex material, providing a reasoned basis for your agreement or disagreement with it.
- construct and present clear and coherent written argument demonstrating a comprehensive appreciation of academic integrity
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the principles which structure the competences of the European Union and the exercise of those competences by EU institutions.
- the constitutional background to, development of, and current status of administrative law in England.
- the extent of, and reasons for, the divergence in approach as regards administrative law in the EU and in England and Wales.
- correctly apply in depth knowledge and understanding of English and European Union administrative law to a range of hypothetical scenarios.
- the procedural rules relevant to the legal challenge of exercises of power by domestic or EU institutions, such as rules of standing.
- the grounds of judicial review in England and Wales.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- apply legal material to a range of new and hypothetical scenarios in order to demonstrate your detailed understanding of the principles underlying that material.
- correctly apply in depth 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.
- thoroughly 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.
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
•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.
•Fortnightly seminars of two hours’ duration, in which small groups will 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.
| Type | Hours |
|---|---|
| Follow-up work | 24 |
| Revision | 30 |
| Tutorial | 10 |
| Preparation for scheduled sessions | 66 |
| Lecture | 20 |
| Total study time | 150 |
Resources & Reading list
Textbooks
Dadomo and Quenivet (2015). European Union Law. Hall and Stott.
Le Sueur, Sunkin and Murkens (2014). Public Law: Text Cases and Materials. OUP.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Mock Examination
- Assessment Type: Formative
- Feedback: Individual oral feedback provided to you upon request in office hours.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
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 | 100% |
Repeat Information
Repeat type: Internal & External