LAW4042 - Public Law

Objectives:

On successful completion of the module, students will be able to:
Demonstrate knowledge and understanding of the operation and fundamental principles of UK constitutional law and administrative law; the basic constitutional institutions; principles of the British Constitution; the law-making process.
Demonstrate knowledge and understanding of the legal concepts, values, principles and rules of constitutional and administrative law, and their inter-relationship.
Demonstrate an awareness of principles and values of law and justice, and ethics in relation to constitutional law and administrative law.
Apply acquired knowledge to substantive constitutional law and public law problems and issues, and comment critically on the operation of the rules of constitutional law and public law and related problems and issues.
Communicate knowledge and arguments in written form appropriate for the purpose and audience using proficient English and correct legal terminology.

Content:

This module provides a general introduction to the operation and fundamental principles of the legal system of England and Wales, enabling students to acquire a basic knowledge of:

- The basic institutions (the Crown and Parliament, central government, devolved institutions, EU institutions and the judiciary) and principles of the British Constitution
- The nature, status and procedure for passing primary and delegated legislation
- Government accountability (and in particular the relationship between the Government and Parliament)
- Parliamentary sovereignty
- Separation of powers (including judicial independence)
- The rule of law
- The place of EU law in the constitution
- Judicial control of the Executive, in particular the process and principles of judicial review

or such other content as may be specified by the SRA and BSB for QLDs.
The module also enables students to develop awareness of the issues surrounding the constitutional and administrative law, and to evaluate their operation within society, and to appreciate the social, economic and political contexts and underlying policy issues, and their impact.

The module provides a strong base of learning as a foundation for other related law modules, and is taught so as to:

- enable students to become effective independent learners,
- to develop students' intellectual/cognitive/'thinking' skills, and to enable students to develop a range of Employability skills, meeting the requirements for Knowledge and General Transferable Skills in the Joint Statement for QLDs.

This module covers the Constitutional and Administrative Law elements of Public Law as a Foundation of Legal Knowledge required by the SRA and BSB for a QLD under the Joint Statement, and relevant aspects of the SRA Statement of Legal Knowledge for "11. Constitutional law and EU law (including Human Rights).

Learning and Teaching Information:

In a mixture of seminars and workshops the role, remit and function of Public Law will be explained and articulated. Its operations will be illustrated through analysis of case studies selected to cover all the key institutions and functions and their interrelations. Specific case studies will be drawn from recent/current news stories and therefore the specific materials will change each year. This learning structure is designed to parallel that of the closely related module, ENG4002 The English Legal System.

In the first semester, students will reflect upon a range of case studies that illustrate the jurisdiction, operation and interconnection between the key institutions that comprise Public Law. As noted above, case studies will involve both standard and topical cases to illustrate typical operations. The seminars will also have a specific role in preparing students for the examination. This module has its examination in the first semester. So this general explanation of standards and methods will benefit the other modules with exams in the second semester.

In the second semester, students will reflect on the wider implications of Public Law. Its operations and principles will be linked to various forms of critical challenge - from general public commentary, funding limitations to legal aid (access to justice), to academic critique, and comparative analysis.

Seminars/workshops
Hours: 40
Intended Group Size: Cohort

Guided independent study
Hours: 160

Further details relating to assessment

Formative assessment will be provided through sample exam questions (Semester 1), and the ability to present clear, precise and accurate information generated through research that is accurately and effectively referenced.

Assessment:

001 Exam; 2 hours 30 mins; end of semester 1 50%
002 Essay; 2,000 words; end of semester 2 50%

Fact File

Module Coordinator - Charles Wild
Level - 4
Credit Value - 20
Pre-Requisites - NONE
Semester(s) Offered - 4YL

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