Advanced Public Law

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• Comment upon the interaction of law and politics within constitutional orders and evaluate the contribution each makes to development of public law.
• Critically evaluate the substantive rules and processes which make up the constitutional order according to their own professed logic and according to a number of important theoretical positions.
• Critically evaluate the manner in which constitutional actors have responded to a changed political context in recent years.

Knowledge and Understanding

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

• The key ideas of the United Kingdom constitution and their theoretical bases.
• The manner in which political and legal actors interact within the constitutional order and the manner in which this interaction drives the development of the constitution.
• The theoretical perspectives which stand as the background to public law disagreements and which underpin particular contributions to these debates.
• The substantive difficulties and disputes which have driven the development of public law rules in recent times and the manner in which the courts have dealt with them.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• Critically evaluate others’ arguments.
• Evaluate the material obtained from primary and secondary, elec
• Develop and present a written argument with appropriate evidence.
• Read and understand complex texts.
• Effectively research, organise and manage an independent project using available primary and secondary, electronic and paper sources.

Public law regulates the governmental structures of the state and their relationship with the individual. It comprises both constitutional law, establishing which powers exist and how they are divided between the three branches of state, and administrative law which governs the possibility of challenging the legality of action taken by the executive and, at times, the legislature.

The United Kingdom’s constitution is famous for its unwritten and uncodified nature, its long history and organic development, and the presence of a legislature which is unlimited by any fundamental law.

This module allows students to develop a sophisticated understanding of contemporary public law by engaging with key developments and challenges, and by connecting back to existing constitutional principles and assessing their aptness in dealing with what are testing times.

The following is an indicative list of topics that may be covered in the module:

• The overall constitutional framework: Is the UK constitution fit for purpose? How might it be reformed? Should it now be codified?
• Brexit and the constitution: What are the advantages and disadvantages of holding referendums on constitutional questions? Is there a breakdown in party politics and, if so, what are the implications for political constitutionalism (i.e. political means of holding government to account)?
• The doctrine of parliamentary sovereignty: What are the doctrine’s origins? Is the orthodox view of parliamentary sovereignty accurate today? Has it ever been accurate? Is parliamentary sovereignty appealing?
• Constitutional decay: What does a “healthy” constitution look like? Can constitutions decay over time? Is this (at risk of) happening in the UK?
• Judicial review: How can judicial review of executive or administrative action best be justified? Should judicial review be expanded or curtailed?
• Terrorism and the constitution: What do we mean by terrorism? How is terrorism addressed in the light of the constitution’s claimed commitment to the rule of law and human rights? How should it be addressed?

Teaching methods include:

• Weekly seminars of two hours’ duration, discussing primary materials and appropriate secondary texts.

Learning activities include:

• Directed Reading (as per distributed reading lists).
• (Management of) independent research (for coursework).
• Preparing and writing formative coursework and self-reflection of that process.
• Preparing and writing summative coursework.
• Preparation and delivery of oral presentation.
• Class discussion (including small group work).

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Essay

• Assessment Type: Formative
• Feedback: Oral feedback in seminars; oral feedback in office hours; feedback on 2,500 formative essay.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

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.