LW103-5-FY-CO:
Foundations of Public Law
2022/23
Essex Law School
Colchester Campus
Full Year
Undergraduate: Level 5
Current
Thursday 06 October 2022
Friday 30 June 2023
30
13 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
LW209, LW218, LW244, LW302
LLB M103 Law (Senior Status)
This module introduces the fundamentals of the UK constitution and the foundations of judicial review. The module 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 module considers the functions of the three branches of government (executive, legislative and judicial) and how they are accountable. The module examines the framework for protection of human rights in the UK and introduces the grounds of judicial review.
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 review. The module commences with examination of the basic features and principles of the United Kingdom constitution: the nature of the constitution; the structure of governmental power; the sources of constitutional rules; and the fundamental principles underpinning the constitution of the United Kingdom.
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:
1. Show understanding of the nature of the UK constitution and structure of government power
2. Identify the sources from which constitutional rules are drawn and the manner in which they interrelate, including their interaction with international law
3. Understand the fundamental principles of the UK constitution and analyse issues in relation to these principles
4. Identify the distribution of powers and functions of the three branches of government and critically evaluate that distribution
5. Consider the need for accountability in the exercise of government power and analyse the effectiveness of the mechanisms through which this is achieved
6. Understand and evaluate the framework for protection of human rights in the UK
7. Show awareness of the legal, political and social context in which public law operates
8. 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
a. The nature and exercise of executive power
b. The political accountability of executive power, including ministerial responsibility
c. The legal accountability of executive power, including judicial review
5. Legislative power
a. The nature and exercise of legislative power
b. The legislative process
c. Parliamentary sovereignty
6. Judicial power
a. The nature and exercise of judicial power
b. Judicial review
7. Human Rights
a. The European Convention on Human Rights and its requirements
b. 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
Weekly lectures and bi-weekly tutorials
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Questions - Continuous assessment (LW103 Public Law) |
|
50% |
| Coursework |
Formative Essay (LW103 Public Law) |
|
0% |
| Coursework |
Essay (LW103 Public Law) |
|
50% |
| Exam |
Main exam: Remote, Open Book, 24hr during Summer (Main Period)
|
| Exam |
Reassessment Main exam: Remote, Open Book, 24hr during September (Reassessment Period)
|
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
Dr Dimitrios Kyritsis, email: d.kyritsis@essex.ac.uk.
Dr Dimitrios Kyritsis, Prof. Maurice Sunkin, Dr Nikos Vogiatzis, Prof. Theodore Konstadinides
d.kyritsis@essex.ac.uk
No
No
Yes
Dr Joseph Tomlinson
University of York
Senior Lecturer in Public Law
Available via Moodle
Of 45 hours, 36 (80%) hours available to students:
0 hours not recorded due to service coverage or fault;
9 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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