Module Directory

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.

The aims of this module are:

• 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.


• 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.


• To examine the framework for protection of human rights under the Human Rights Act 1998.

By the end of this module, students will be expected to 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 critically 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 critically 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 and resonated 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:
   
   
   
   1. The nature and exercise of executive power
   
   
   2. The political accountability of executive power, including ministerial responsibility
   
   
   3. The legal accountability of executive power, including judicial review
   
   
   
   


5. Legislative power:
   
   
   
   1. The nature and exercise of legislative power
   
   
   2. The legislative process
   
   
   3. Parliamentary sovereignty
   
   
   
   


6. Judicial power:
   
   
   
   
   1. The nature and exercise of judicial power
   
   
   2. Judicial review
   
   
   
   


7. Human Rights:
   
   
   
   
   1. The European Convention on Human Rights and its requirements
   
   
   2. 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 will be delivered via:

• Weekly lectures
• Bi-weekly tutorials

Students will also have the oportunity to use their knowledge in an active, applied and hands-on manner through simulated real-life activities.

• 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/