LW103-4-FY-CO:
Foundations of Public Law
2020/21
Essex Law School
Colchester Campus
Full Year
Undergraduate: Level 4
Current
Thursday 08 October 2020
Friday 02 July 2021
30
21 October 2020
Requisites for this module
(none)
(none)
(none)
(none)
LW209, LW218, LW244, LW302
LLB M122 English and French Law (Maitrise),
LLB M100 Law,
LLB M100MD Law,
LLB M100MS Law,
LLB M101 Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M120 Law (Including Year Abroad),
MLAWM199 Law,
MLAWMA98 Law (Including Placement Year),
MLAWMA99 Law (Including Year Abroad),
BA MVC5 Philosophy and Law,
BA MVC6 Philosophy and Law (Including Placement Year),
BA MVC8 Philosophy and Law (Including Foundation Year),
BA VM51 Philosophy and Law (Including Year Abroad),
BA VM58 Philosophy and Law (Including Foundation Year and Year Abroad),
LLB MM20 Law with Human Rights,
LLB MM21 Law with Human Rights (Including Year Abroad),
LLB MM22 Law with Human Rights (Including Placement Year),
LLB MV16 Law with Philosophy,
LLB MV18 Law with Philosophy (Including Year Abroad),
LLB MV19 Law with Philosophy (Including Placement Year),
LLB ML14 Law with Politics (Including Year Abroad),
LLB ML15 Law with Politics (Including Placement Year),
LLB ML16 Law with Politics,
LLB MN00 Law with Business,
LLB MN01 Law with Business (Including Year Abroad),
LLB MN02 Law with Business (Including Placement Year),
LLB MN10 Law with Finance,
LLB MN11 Law with Finance (Including Year Abroad),
LLB MN12 Law with Finance (Including Placement Year),
LLB MM00 Law with Criminology,
LLB MM01 Law with Criminology (Including Year Abroad),
LLB MM02 Law with Criminology (Including Placement Year),
LLB MM03 Law with Criminology (Including Foundation Year),
LLB M123 Licence English and French Law (Double Degree)
This module introduces the fundamentals of the UK constitution and the foundations of judicial review. It explores: the nature of the constitution; the structure of governmental power; the sources of constitutional rules; and the fundamental principles underpinning the UK constitution. The first part of the module considers the functions of the three branches of government (executive, legislative and judicial) and how they are accountable. The second partexamines the main grounds of judicial review of administrative action and the framework for protection of human rights in the UK providing also an introduction to the EU and the ECHR legal orders
This 30 credit module, taught across the academic year, aims to introduce students to the fundamentals of the UK Constitution and the foundations of judicial reviewand human rights protection. The module commences with examination of the basic features and principles of the UKconstitution: the nature of the constitution; the structure of governmental power; the sources of constitutional rules; and the fundamental principles underpinning the constitution of the UK.The module then moves on to consider the powers and functions of the three branches of government: executive, legislative and judicial. This will include discussion of need for accountability in relation to governmental power and themechanisms through which this is achieved. Consideration of the judicial branch will include an introduction to judicial review. Finally the module will examine the framework for protection of human rights under the Human Rights Act 1998 and the constitutional implications of the UK’s membership in the ECHR and EU.
The module then moves on to consider the powers and functions of the three branches of government: executive, legislative and judicial. This will include discussion of need for accountability in relation to governmental power and the mechanisms through which this is achieved. Consideration of the judicial branch will include an introduction to judicial review. Finally the module will examine the framework for protection of human rights under the Human Rights Act 1998.
Upon successful completion of the module students will be able to:
-Show understanding of the nature of the UK constitution and structure of government power
-Identify the sources from which constitutional rules are drawn and the manner in which they interrelate, including their interaction with international law
-Understand the fundamental principles of the UK constitution and analyse issues in relation to these principles
-Identify the distribution of powers and functions of the three branches of government and critically evaluate that distribution
-Consider the need for accountability in the exercise of government power and analyse the effectiveness of the mechanisms through which this is achieved-Understand and evaluate the framework for protection of human rights in the UK -Acquire knowledge of the obligations stemming from the UK’s membership in international organisations
-Show awareness of the legal, political and social context in which public law operates
-Identify the distribution of powers and functions of the three branches of government and critically evaluate that distribution
-Consider the need for accountability in the exercise of government power and analyse the effectiveness of the mechanisms through which this is achieved
-Understand and evaluate the framework for protection of human rights in the UK
-Show awareness of the legal, political and social context in which public law operates
-Draw appropriate comparisons between the constitutional arrangements of the UK and other jurisdictions (Non-assessed)
SYLLABUS
1. The nature of the UK constitution; written and unwritten constitutions
2. Sources of constitutional rules: statute, cases, the royal prerogative, constitutional conventions, treaties
3. Key principles of the UK constitution: parliamentary sovereignty, the rule of law, the separation of power
4. Executive power
- The nature and exercise of executive power
- The political accountability of executive power, including ministerial responsibility
- The legal accountability of executive power, including judicial review
5. Legislative power
- The nature and exercise of legislative power
- The legislative process
- Parliamentary sovereignty
6. Judicial power
- The nature and exercise of judicial power
- Judicial review
7. Human Rights
- The European Convention on Human Rights and its requirements
- The protection of human rights under the Human Rights Act 1998
8. Constitutional Reform: The need for constitutional reform and shape such reforms might take, including the constitutional reform proposals of the current government
This module is taught through a mixture of weekly live webinars, pre-recorded videos, and tutorials. Each week, the module teaching team will first produce and make available on Moodle two 25-minute pre-recorded video lectures. The module teaching team will then deliver a weekly live 50-minute webinar in which they further explore key legal concepts and answer your questions about the topics. These lectures and webinars will subsequently be available online through Moodle so that you can re-watch them as part of your independent study. Alongside this, there will be five bi-weekly 50-minute small group tutorials. The module teaching team will also produce and make available on Moodle short guidance notes. These notes will introduce the material to be covered in the lectures, webinars and required readings. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures and webinars and to equip you to analyse the required readings.
You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures, webinars and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
- Le Sueur, A. P.; Sunkin, Maurice; Murkens, Jo Eric. (©2019) Public law: text, cases, and materials, Oxford: Oxford University Press.
- Law Trove - expand your learning, broaden your mind, https://0-www-oxfordlawtrove-com.serlib0.essex.ac.uk/
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
LW103 - Formative Essay |
|
0% |
| Coursework |
LW103 - Level 4 - Summative Assignment |
|
50% |
| Practical |
LW103 - Multiple Choice Quizzes |
|
50% |
| Exam |
Main exam: 24hr during Summer (Main Period)
|
| Exam |
Reassessment Main exam: 180 minutes during January
|
Additional coursework information
The coursework is a 2,000 word essay to be submitted at the end of the Spring Term.
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Prof Theodore Konstadinides, email: t.konstadinides@essex.ac.uk.
Professor Theodore Konstadinides, Professor Maurice Sunkin, Nikos Vogiatzis,Dimitris Kyritsis
lawugadmin@essex.ac.uk
No
No
No
Dr Joseph Tomlinson
University of York
Senior Lecturer in Public Law
Available via Moodle
Of 16466 hours, 0 (0%) hours available to students:
16466 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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