Module Information

The United Kingdom is unusual in that it does not have a written constitution. What this means, why it is the case and whether it makes a difference in practice are among the questions which we look at in this course which seeks to introduce students to the study of constitutional law in general and to the basic doctrines of the British Constitution in particular.

It is true that, on the whole, the British Constitution has developed in a gradual way but this does not mean that it has not undergone dramatic change over the years. Indeed, some of the most profound changes have taken place relatively recently with the United Kingdom's accession to the European Community in 1973. More recently still, there have been lively debates on the reform of the House of Lords, on devolution and on human rights. The way in which the Constitution has adapted and accommodated changing circumstances is an important theme of the course. Recent legislation on human rights and on devolution, with particular reference to the National Assembly for Wales, will be examined in detail.

Another important issue which the course examines is the extent to which there are limits on the powers of the Government and Parliament. Is it really true that "Parliament has the right to make any law whatever"? Comparisons will be drawn with the constitutions of other states to explore how constitutions attempt to prevent the abuse of power and we will consider whether similar guarantees exist within the British system.

Students may no doubt be aware of the ongoing debate which takes place in relation to certain institutions of the constitution. How should the House of Lords be reformed? What role should the Monarch play in the constitutional system? How much power should be transferred from Westminster to the new devolved legislatures? Throughout the course we will examine those aspects of the Constitution which have been the subject of calls for change and we will consider the proposals for reform which have been advanced by various bodies.

This module aims to introduce students to principles of constitutional law in general and to the British constitutional system in particular to a level which satisfies professional exemption requirements, to encourage independent and critical thought and analysis, to promote skills of group work and to develop skills of independent reading and research.

Teaching will be through lectures (30) and seminars/workshops (6). The lectures will provide an introduction to each topic and course handouts will indicate further reading. Seminars are smaller groups designed to discuss particular issues in more detail. Workshops also focus on specialised topics and aim to promote group work among students. In addition to these elements students should expect to spend a significant proportion of their time in the library preparing for seminars and following up the reading indicated on the hand-outs.

Syllabus outline

1. General introduction to constitutional law
2. Sources of the British Constitution
3. The doctrine of Parliamentary Sovereignty
4. The rule of law
5. Separartion of powers
6. The territorial structure of the United Kingdom and devolution
7. Law-marking institutions and processes
8. Executive power and accountability
9. The protection of human rights in the United Kingdom [much of this topic will be covered in seminars rather than in lectures].

Recommended consultation

Books

(Students are advised not to purchase books prior to the start of the course)

Barnett, Constitutional and Administrative Law, 6th ed, Cavendish.
Bradley & Ewing, Constitutional and Administrative Law, 14th ed, Longman.
Turpin & Tomkins, British Government and the Constitution, 6th ed, Cambridge University Press