Public Law

• To stimulate critical thought on the fundamental concepts of constitutional law.
• To facilitate students’ understanding of the British constitution and enhance their knowledge of the role of the executive and legislature in the workings of the constitution.
• To provide a sound introduction to administrative law.
• To identify, explore and analyse aspects of Human Rights, civil liberties and personal freedoms.

On completion of this module students should be able to:

Subject specific:

• Identify and explain the legal and political nature of the British constitution.
• Recognise the need for a balance of powers and demonstrate an insight into the democratic process.
• Demonstrate a sound knowledge of the workings of Parliament and the executive.
• Show an understanding of Human Rights Law and critically consider civil rights and personal freedoms in the UK.
• Demonstrate a detailed knowledge of judicial review and a basic understanding of the administrative law.

Cognitive:

• Demonstrate legal research skills by using a wide range of both primary and secondary resources.
• Show the ability to extract legal issues from legal, political and social sources.
• Write constructively and persuasively on constitutional law issues.
• Provide relevant answers to legal problems.
• Demonstrate the ability to evaluate and discuss public law issues.

General principles of constitutional law - sources and nature of the British constitution, structure of the United Kingdom, fundamental concepts of constitutional law, rule of law, separation of powers, parliamentary sovereignty and the relationship of UK law to European Community law and the  impact of the Human Rights Act 1998.

The composition and workings of Parliament, the franchise and the electorate, the House of Commons, the House of Lords, parliamentary privilege.

The Executive – Responsible government, Royal Prerogative, scrutiny of the executive.

Administrative law - Nature and development of administrative law, Judicial review of administrative action – grounds of judicial review, rules of natural justice, procedure.

Civil Liberties – personal freedom and protection, police powers and personal liberty.  Freedom of speech.  Freedom of assembly and association, Human Rights Act 1998 and the European Convention on Human Rights.

The module will consist of lectures supported by face to face and/or on-line seminars seminars. The lectures will introduce the students to key legal principles and issues.

Students will normally be given descriptive and/or problem-solving questions to prepare for seminars and will be expected to thoroughly research and read round the topic of the seminar, and to prepare detailed answers to the questions.

In the seminars, the students may be asked to present their answers individually, or in small groups, or in the form of a debate.

Indicative Reading:

Primary Source Material
Law Reports, Statutes, Statutory Instruments

The latest editions of:

Alder, J.,  Constitutional and Administrative Law, Palgrave
Amos, M.,  Human Rights Law, Hart
Bailey, S., Harris, D. & Jones, B., Civil Liberties – cases and materials, Butterworths
Barnett, H., Constitutional and Administrative Law, Cavendish
Bradley, A. & Ewing, K., Constitutional and Administrative Law, Pearson/Longman
Carroll, A., Constitutional and Administrative Law, Pearson/Longman
Craig, P., Administrative Law, Sweet & Maxwell
Denham,P., Unlocking Constitutional and Administrative Law, Cavendish
Feldman, D. Civil Liberties and Human Rights, OUP
Fenwick,H. & Phillipson, G., Sourcebook on Public Law, Cavendish
Foulkes, D., Administrative Law, Butterworths
Hogan,G., Core Statutes on Public Law, Lawmatters publishing
Hood Philips, O., Constitutional & Administrative Law, Sweet & Maxwell
Loveland, I., Constitutional and Administrative Law and Human Rights, OUP
McEldowney, J., Public Law, Sweet & Maxwell
Morison, J., Introduction to Constitutional and Administrative Law, Hart
Mowbray, A., Cases and Materials on the European Convention on Human Rights, Butterworths
Parpworth, N., Constitutional and Administrative Law, OUP
Pollard,D.  & Hughes, D. Text and Material on Constitutional and Administrative Law, Butterworths
Stone, R. Textbook on Civil Liberties, Blackstone
Thompson, M.  & Allen, M.,  Cases and Material on Constitutional Administrative Law, Blackstone
Tomkins, A., Public Law, Sweet & Maxwell
Wade,W. & Forsyth, C., Administrative Law, OUP
Wallington,P. & Lee, R., Statutes on Public Law and Human Rights, Blackstone

Periodicals and Journals

Cambridge Law Journal
Law Quarterly Review
Modern Law Review
New Law Journal
Oxford Journal of Legal Studies
Public Law

Information Technology

Halsbury’s Laws of England On-Line
Lawtel
Westlaw

Coursework (30%):  a piece of individual written work (1,500 - 2,000 words).

Examination (70%): a two hour unseen exam

In addition there will be formative peer and tutor assessment throughout the course through the media of group discussions, critical evaluations of contemporary articles, essay structure planning and the opportunity to complete an assignment on a core topic which may be undertaken individually or as group work. 

This part of assessment does not form part of the module mark.

Public law is a subject of great topical interest, which is in a constant process of evolution and cannot be fully understood without reference to the UK’s political history and its social and cultural development. 

The module is aimed at providing the students with a good understanding of constitutional legal principles, the major features of the UK’s constitution, civil rights, judicial review and an awareness of significant changes and developments in the subject. 

The study of public law in this double module will enable students (subject to other general requirements) to claim exemption for this subject and proceed to professional law examinations.

School home

Brighton Business School