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Public Law

LAW404

Course CodeLAW404
ECTS

Course Description

This unit aims to inform learners about the nature and purpose of constitutions, differing between written and unwritten forms. The separation of powers will be a focus of the unit, with learners examining the relationship between the legislative, executive and judicial branches of state. The role of the monarchy will also be considered. Learners will be informed about the powers of parliament, as well as the checks and balances of power through an impartial and non-political judiciary and its judicial review.

Course Objectives

This unit aims to inform learners about the nature and purpose of constitutions, differing between written and unwritten forms. The separation of powers will be a focus of the unit, with learners examining the relationship between the legislative, executive and judicial branches of state. The role of the monarchy will also be considered. Learners will be informed about the powers of parliament, as well as the checks and balances of power through an impartial and non-political judiciary and its judicial review.

Key Topics

  1. LO1: Understand the nature of constitutions and the separation of powers.
  2. LO2: Understand Parliamentary Powers.
  3. LO3: Understand the role of Judicial Review.

Course Outline

WeekTopics
1What is a constitution? Written and unwritten, rigid and flexible constitutions
2Federal, unitary, republican and monarchical constitutions; constitutional conventions
3The three branches of state
4Parliament as legislature: House of Commons and House of Lords
5The executive and prerogative powers
6Parliamentary sovereignty, devolution, the ECHR and the Human Rights Act 1998 (ss3–4)
7The judiciary: independence, impartiality and its place in the separation of powers
MidtermMidterm evaluation
9The judiciary as a check on government: administrative law, proportionality and natural justice
10Nature and purpose of judicial review
11Grounds of judicial review: procedural unfairness, legitimate expectation, Wednesbury irrationality, Human Rights Act incompatibility
12Applying Public Law in practice: case studies
13Assignment workshop: research, planning and referencing
14Assignment workshop: drafting, feedback and improvement
15Review and coursework completion
FinalFinal assessment and submission

Learning Outcomes

  1. LO1 Understand the nature of constitutions and the separation of powers.
  2. 1.1 Describe the nature and purpose of written and unwritten constitutions.
  3. 1.2 Analyse various types of constitution and constitutional conventions.
  4. 1.3 Explain the separation of powers.
  5. LO2 Understand Parliamentary Powers.
  6. 2.1 Analyse the relationship between the two houses of UK Parliament.
  7. 2.2 Describe the relationship between parliament and government.
  8. 2.3 Evaluate the concept of Parliamentary sovereignty.
  9. LO3 Understand the role of Judicial Review.
  10. 3.1 Explain the role of the Judiciary.
  11. 3.2 Analyse how the judiciary upholds the separation of powers.
  12. 3.3 Assess the role of the judiciary as a means of controlling government bodies.
  13. 3.4 Analyse the nature and purpose of judicial review.
  14. 3.5 Explain the grounds for judicial review.
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