Public and European Law

Module title	Public and European Law
Module code	LAW1039C
Academic year	2019/0
Credits	30
Module staff	(Convenor)

Duration: Term	1	2	3
Duration: Weeks	11	11

Number students taking module (anticipated)	50

Module description

The constitution of the UK is extremely dynamic and developing incrementally through changes in relationships with Europe, devolution to Scotland, Wales and the regions and human rights legislation. This module will help you to analyse and challenge some of the basic tenets of the constitution of the UK. Developments in judicial review will enable you to understand the relationship of judges and the government and the impact of this relationship on both the law and the state. This module will also equip you with a thorough understanding of the key features of the European Union, its legal order and how it applies domestically. This module will develop your analytical skills and your ability to understand the role of public law which although complex and technical allows for exciting discussion on issues which are both current and shifting.

This module is one of the seven foundations of legal knowledge required by the Law Society and it is therefore compulsory for all of you who wish to progress onto the Vocational Stage of Training to become a Solicitor or Barrister. The module is available to interdisciplinary pathways and Flexible Combined Honours students. It is suitable as both a part of the Qualifying Law Degree and also non-specialist programmes.

Module aims - intentions of the module

This module aims to enable you to develop:

an understanding of the concepts, traditions and principles underpinning the constitution of the UK.
an understanding of the main recent constitutional reforms of the United Kingdom constitution, especially in relation to devolution, the Human Rights Act 1998 and the Constitutional Reform Act 2005.
an understanding of the nature, basis and continuing development of judicial review in the United Kingdom.
an understanding of the concepts and principles of human rights law as they apply to public and European Law.
an understanding of the application of European law.
an ability to analyse the links between public and European law and the exercise of political and judicial power.
an ability to begin to use, analyse and critique materials and texts.
an ability to articulate and discuss issues relating to public and European law in their social and political context.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. demonstrate sound knowledge of public and European law and a range of major concepts, principles and values relevant to their application;
2. identify and discuss the application of public and European Law within their social and political context.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

3. select and present in a coherent way, relevant law and legal / theoretical arguments orally and / or in writing as appropriate;
4. apply legal knowledge to a problem/case study and discuss it;
5. explain legal concepts and their contextual, social and political implications.

ILO: Personal and key skills

On successfully completing the module you will be able to...

6. identify, retrieve and use efficiently a range of library-based and electronic resources with some guidance;
7. demonstrate effective and accurate written communication skills in a manner appropriate to the discipline/different contexts;
8. demonstrate the ability to work independently, within a limited time frame, and without access to external sources, to complete a specified task.

Syllabus plan

It is envisaged that the syllabus will include all or most of the following topics:

The concept of constitutionalism
The history, concepts, traditions and principles of the constitution
Constitutional conventions
The Crown and government
Parliamentary supremacy
The rule of law and the separation of powers
Judicial review
Public Inquiries
Devolution
Common law rights and the Human Rights Act 1998/ECHR.
Article Rights including
- Personal liberty (Article 5)
- Right to a fair trial (Article 6)
- Right to respect for private life (Article 8):
- Freedom of expression (Article 10)
- Freedom to protest and public order law
- Terrorism and human rights
- Freedom from discrimination (Article 14)
Institutional Structure; Decision making Procedures; Legislative Process of the EU
Sources of EU law
Principles of Supremacy and Direct Effect
Enforcement of EU law against Member States
References for preliminary rulings
Enforcement of European law: Actions for annulment and failure to act; Actions for damages
Aspects of the Single Market
Citizenship and Fundamental Rights

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
66	234	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activities	22	22 x 1 hour lectures
Scheduled Learning and Teaching Activities	44	22 x 2 hour teacher-led seminars
Guided Independent Study	88	Individual Reading
Guided Independent Study	88	Preparation for seminars
Guided Independent Study	10	Preparation for formative essay
Guided Independent Study	48	Preparation for summative assessment

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Seminar participation	22 x 2 hours seminars	1-7	Immediate oral feedback from tutors and peers.
Formative essay	700 words	1 -3 ,5-7	Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
25	75	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	25	2000 words	1-7	Individual written feedback, with supplementary oral feedback available. General comments given in a lecture or on ELE.
Written examination	75	2hrs 45mins	1-8	Individual written feedback, with more general comment available on ELE

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Essay	Essay (2000 words)	1-7	August/September reassessment period
Written examination	Written examination (2hrs 45mins)	1-8	August/September reassessment period

Indicative learning resources - Basic reading

Elliott, M and Thomas, R (2017) Public Law (Oxford University Press)

Le Sueur, A., Sunkin, M. and Kushal Murkens, J.E. (2019) Public Law Text, Cases and Materials (Oxford University Press)

Dennett, A (2019) Public Law Directions (Oxford University Press)

Loveland, I. (2018) Constitutional Law, Administrative Law, and Human Rights A Critical Introduction Eighth Edition (Oxford University Press)

Lee R.G. (2019) Blackstone's Statutes on Public Law & Human Rights 2019- 2020

Jowell , J. and O'Cinneide C. (eds.) (2019) The Changing Constitution (Oxford University Press).

Foster, N. (2019) Foster on EU Law (Oxford)

Indicative learning resources - Other resources

You are expected to keep up to date with topical events. This is best done by reading newspapers such as The Times or The Independent. You may also find recent and current editions of specialist journals, such as Public Law and Modern Law Review, which are available in the Law Library, useful for this purpose.

Key words search

Public law, EU law, European law, constitutional law, administrative law

Credit value	30
Module ECTS	15
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	4
Available as distance learning?	No
Origin date	03/04/2018
Last revision date	28/01/2019