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Constitutional and Administrative Law

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 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. Also, this constitutional and administrative law is part of the foundations of legal knowledge required for those who ultimately wish to practice as a barrister or solicitor in England and Wales.

Module aims - intentions of the module

This module is only available to students studying for the JD on the HKUST-Exeter Programmes in Law. 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 Europe, 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 ability to see the links between public law and the exercise of political and judicial power; an ability to begin to use, analyse and critique materials and texts; and an ability to articulate and discuss issues relating to public law.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

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

• 1. demonstrate knowledge of constitutional and administrative law and a range of major concepts, values and principles relevant to its application
• 2. identify, explain and discuss key issues in constitutional and administrative law and to apply relevant rules and theories

ILO: Discipline-specific skills

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

• 3. demonstrate knowledge of legal concepts and their contextual, social, and political implications
• 4. work independently and manage time efficiently in preparing for scheduled learning activities, exercises and assessments

ILO: Personal and key skills

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

• 5. work independently and manage time efficiently in preparing for scheduled learning activities, exercises and assessments
• 6. manage relevant learning resources, information, and learning strategies, and to develop own arguments and opinions with some guidance

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• The nature of constitutions and the purposes of constitutionalism. 
• The constitution of the United Kingdom: institutions; legal and non-legal rules; underlying   
  principles: parliamentary sovereignty, the rule of law and separation of powers.  
• The impact of European law on parliamentary sovereignty and the constitution of the United Kingdom.  
• The impact of devolution on parliamentary sovereignty and the constitution of the United Kingdom.  
• The protection of individual liberties within the constitutional framework of the UK. The Human Rights Act 1998. 
• Introduction to the theory, origins and nature of administrative law 
• Functions and characteristics of administrative powers and controls  
• The essence and practice of judicial review:  Ambit, Grounds, Remedies
• The limits on judicial review  
• Administrative tribunals and ombudsmen.

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

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

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

Indicative learning resources - Basic reading

This reading list is indicative, providing an idea of textbooks that may be useful to you on this module, but it is not a confirmed or compulsory reading list:

The latest editions of:

Elliott and Thomas, Public Law (Oxford)

Barnett, Constitutional and Administrative Law (Cavendish)

Turpin and Tomkins, British Government and the Constitution (Cambridge)

Key words search

HKUST, JD, constitutional law, administrative law, judicial review