University of Essex

LW103-4-FY-CO:
Foundations of Public Law

The details

Year: 2023/24

Department: Essex Law School

Campus: Colchester Campus

Term: Full Year

Level: Undergraduate: Level 4

Status: Current

Start date: Thursday 05 October 2023

End date: Friday 28 June 2024

Credits: 30

Last updated: 17 October 2023

Requisites for this module

Pre-requisites: (none)

Co-requisites: (none)

Pre and / or co-requisites: (none)

Prohibited modules: (none)

Key module (requisite for): LW209, LW218, LW244, LW302

Key module for

LLB M122 English and French Law (Maitrise),
LLB M100 Law,
LLB M100DE Law,
LLB M100LD Law,
LLB M100MD Law,
LLB M100MS Law,
LLB M100TD Law,
LLB M100TS Law,
LLB M101 Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M107DE 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 MM30 Law with Human Rights (Including Foundation Year),
LLB MV06 Law with Philosophy (Including Foundation 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 ML26 Law with Politics (Including Foundation Year),
LLB MN00 Law with Business,
LLB MN01 Law with Business (Including Year Abroad),
LLB MN02 Law with Business (Including Placement Year),
LLB MN03 Law with Business (Including Foundation Year),
BA LM11 Criminology with Criminal Law,
BA LM12 Criminology with Criminal Law (Including Year Abroad),
BA LM13 Criminology with Criminal Law (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 MN13 Law with Finance (Including Foundation 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),
BA VM10 History and Law,
BA VM11 History and Law (Including Foundation Year),
BA VM12 History and Law (including Placement Year),
BA VM13 History and Law (including Year Abroad),
LLB M1Q3 Law with Literature,
LLB M1Q4 Law with Literature (Including Foundation Year),
LLB M1Q5 Law with Literature (Including Placement Year),
LLB M1Q6 Law with Literature (Including Year Abroad),
LLB M1V1 Law with History,
LLB M1V2 Law with History (Including Foundation Year),
LLB M1V3 Law with History (Including Placement Year),
LLB M1V4 Law with History (Including Year Abroad)

Module description

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.

Module aims

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.

Module learning outcomes

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)

Module information

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

Learning and teaching methods

Weekly lectures and bi-weekly tutorials

Bibliography

Le Sueur, A.P., Sunkin, M. and Murkens, J.E. (2023k) Public law: text, cases, and materials. Fifth edition. Oxford: Oxford University Press. Available at: https://www-oxfordlawtrove-com.uniessexlib.idm.oclc.org/display/10.1093/he/9780192870612.001.0001/he-9780192870612.
Le Sueur, A.P., Sunkin, M. and Murkens, J.E. (2019a) Public law: text, cases, and materials. 4th edn. [Oxford]: Oxford University Press. Available at: https://essex.alma.exlibrisgroup.com/view/action/uresolver.do?operation=resolveService&package_service_id=2698347390007346&institutionId=7346&customerId=7345.
Le Sueur, A.P., Sunkin, M. and Murkens, J.E. (2023d) Public law: text, cases, and materials. Fifth edition. Oxford: Oxford University Press. Available at: https://www-oxfordlawtrove-com.uniessexlib.idm.oclc.org/display/10.1093/he/9780192870612.001.0001/he-9780192870612.
Le Sueur, A.P., Sunkin, M. and Murkens, J.E. (2023c) Public law: text, cases, and materials. Fifth edition. Oxford: Oxford University Press. Available at: https://essex.alma.exlibrisgroup.com/view/action/uresolver.do?operation=resolveService&package_service_id=4406527700007346&institutionId=7346&customerId=7345.
McHarg, A. (2019) ‘Devolution in Scotland’, in J. Jowell and C. O’Cinneide (eds) The Changing Constitution. 9th edn. OUP. Available at: https://www.oxfordlawtrove.com/display/10.1093/he/9780198806363.001.0001/he-9780198806363-chapter-10.

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	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: In-Person, Open Book (Restricted), 180 minutes during Summer (Main Period)
Exam	Reassessment Main exam: In-Person, Open Book (Restricted), 180 minutes during January
Exam	Reassessment Main exam: In-Person, Open Book (Restricted), 180 minutes 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

Coursework	Exam
40%	60%

Reassessment

Coursework	Exam
0%	100%

Module supervisor and teaching staff

Supervisor: Dr Dimitrios Kyritsis, email: d.kyritsis@essex.ac.uk.

Teaching staff:

Contact details: Law Education Office, lawschoolug@essex.ac.uk

Availability

Available to incoming Essex Abroad / Exchange students: No

Available to Outside Option: No

Available to Audit: Yes

External examiner

Name: Dr Paolo Sandro

Institution: University of Salford

Academic role: Lecturer in Law

Resources

Teaching materials: Available via Moodle

Lecture recording: Of 302 hours, 53 (17.5%) hours available to students:
0 hours not recorded due to service coverage or fault;
249 hours not recorded due to opt-out by lecturer(s), module, or event type.

Further information

Department website: Essex Law School

Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements, industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules. The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.

The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.

Module Directory

LW103-4-FY-CO:Foundations of Public Law