Changing the Law - Theory and Practice

Module title	Changing the Law - Theory and Practice
Module code	LAW2104
Academic year	2020/1
Credits	15
Module staff	(Convenor)

Duration: Term	1	2	3
Duration: Weeks		11

Number students taking module (anticipated)	20

Module description

In this module you will experience a broad view of law reform—looking not just at the formal parliamentary procedures but also the wider influences and pressures which shape our law.

Partly taught by practitioners, the module will utilise a series of recent case studies to illustrate the issues under discussion—including situations where the law reform process has failed.

You will also consider the role of the judiciary, with critical examination of the results when judges intervene to address what is perceived as bad or inappropriate law. You will also look at international influences on the law in outline.

Module aims - intentions of the module

This module aims to provide you with:

a good working knowledge of the key aspects of statutory law reform—how decisions are taken by the Executive, the role of the Law Commissions and the Parliamentary process;
insights into the way law may be shaped through the lobbying power of commercial interests and others;
an understanding of the role of the judiciary and the willingness or reluctance of individual judges to intervene where law is perceived as unsatisfactory;
an awareness of international influences on the formation of our law.

The module will enable you to:

assess critically the law reform process, identifying its strengths and weaknesses,
identify the hidden pressure exerted by commercial and other interests,
evaluate the effectiveness of the law reform process, using case studies,
understand how law reform might in given circumstances best be achieved.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

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

1. Explain and evaluate the main legal institutions and procedures relevant to law reform.
2. Identify, explain and discuss key issues in law reform and to apply relevant rules and theories.

ILO: Discipline-specific skills

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

3. Demonstrate knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the ability to explain the relationships among them.
4. Select and present in a coherent way, orally and in writing, relevant law and legal/theoretical arguments.

ILO: Personal and key skills

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

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

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, utilising case studies where appropriate:

Who makes law, the constraints and challenges, the divide between political and technocratic cultures.
The international dimension.
Acts of Parliament—the respective roles of departments and Parliament.
When Parliament fails to act.
How important is law-making to MPs, compared with all the other things they do? How can Parliamentary scrutiny be improved?
The role of Parliamentary Counsel—reconciling political pressures with the technicalities of drafting. Are some clauses simply declaratory, with no technical content?
Judges—to what extent can and should they engage in law reform?
The Law Commissions—why are some reports implemented and others not?
Delegated legislation.

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

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
29.5	120.5	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching	22	11 x 2 hour Lectures
Scheduled Learning and Teaching	7.5	5 x 1.5 hour Workshops
Guided Independent study	52.5	Individual reading and lecture preparation
Guided Independent study	18	Workshop preparation
Guided Independent study	40	Assessment preparation
Guided Independent study	10	Formative assessment

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay plan	1,000 words	1-6	Written individual feedback
Workshops involving problem solving questions and topics for discussion and debate.	5 x 1.5 hour Workshops	1-6	Verbal feedback

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	100	3,000 words	1-6	Written/oral
	0
	0
	0
	0
	0

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 (3,000 words)	1-6	August/September reassessment period.

Indicative learning resources - Basic reading

Basic reading:

Robert Rogers and Rhodri Walters, How Parliament Works, 7th ed (2015) (£30.38)

Anthony King, Who Governs Britain (2015) (£6.77 paperback, £3.49 Kindle)

John Kay, Other People’s Money (on financial regulation). (2016) (£7.43 paperback, £6.47 kindle).

The devil is in the detail: Parliament and Delegated Legislation (£15)

Michael Zander, The Law Making Process (2015) £38.86

Making Better Law: Reform of the Legislative Process (2010)

Parliament, Policy and Lawmaking (2004) (free)

Key words search

Law reform

Credit value	15
Module ECTS	7.5
Module pre-requisites	Legal Foundations
Module co-requisites	None
NQF level (module)	5
Available as distance learning?	No
Origin date	03/12/2018
Last revision date	03/12/2018