Module description
Public law, broadly speaking, involves the study of rules, principles and practices relating to the way we are governed. We look at the relationships between the various institutions of state on the one hand and between the individual and the state on the other hand.
The former inevitably touches on history and politics, and requires us to understand what the institutions are and how they work before we can discuss how they inter-relate. The latter involves not just the topical and fascinating subject of individuals’ and groups’ entitlements to protection of their human rights and civil liberties, but also the process of judicial review of administrative action, the bread and butter of public law legal practice.
In the twenty-first century, the study of public law cannot be one-dimensional or fixed in time. International law, European law and the law governing devolved powers to Scotland, Wales and Northern Ireland will also require mention. The focus however will be on the public law of the United Kingdom, and more precisely, England and Wales.
Public law in the United Kingdom displays characteristics of both continuity and change. We will often see law and practice that dates from centuries past. However, we will not want to forget the processes and prospects for change – we are in the midst of one of the most important and active periods of legal and constitutional change in the history of the United Kingdom.
The module is divided into four units of roughly equal length. Four different members of staff give the lectures for these units:
I. Constitutional Sources and Principles
II. Institutions and Structure of Government
III. Legal Accountability of Government
IV. Human Rights and Civil Liberties
Assessment details
Examination (70%); 1,500 word Essay (30%)
Educational aims & objectives
Part One
Students will develop a broad understanding of the institutions of the UK Constitution and their respective roles.
Students will be introduced to a range of theoretical concepts (Sovereignty of Parliament, Separation of Powers etc) which will enable them to assess the institutions of the Constitution. Students will develop the cognitive and critical skills to interrogate the above concepts.
Part Two
Students will be introduced to the concept of Judicial Review.
Students will learn the grounds and procedures for judicial review.
Students will employ critical skills in evaluating how the concept of judicial review fits within the constitutional framework of the UK. They will be in a position to critically analyse the nature of judicial review vis-à-vis the role of the judiciary as outlined in Part One.
Part Three
Student will be introduced to the broad concept of human rights. The European Convention on Human Rights and Human Rights Act 1998 will be introduced within that context.
Students will examine how human rights are protected within the constitutional framework of the UK.
In particular, students will be expected to critically examine what strengths or limitations are placed on the protection of human rights in the UK by its constitutional arrangements.Students will be expected to utilise critical reasoning to evaluate the human rights regime as it exists in the UK.
Teaching pattern
Lecture (1 x 2 hours per week); Tutorial (1 x 1 hour per week); Seminar (4 x 2 hours per year)
Suggested reading list
You are not expected to know any law before you begin at King's, however, should you wish to do some pre-reading the following texts are recommended for this module. Please do not purchase textbooks for your modules until you have begun your studies as they are subject to change.
- Bradley & Ewing, Constitutional and Administrative Law (Longman)