| Module Identifier | LA16220 | ||
| Module Title | CONSTITUTIONAL LAW | ||
| Academic Year | 2002/2003 | ||
| Co-ordinator | Ms Ann P Sherlock | ||
| Semester | Semester 2 | ||
| Co-Requisite | LA10110 or LA15710 | ||
| Mutually Exclusive | GF16220 & LA36220 | ||
| Course delivery | Lecture | 35 Hours - One two hour and two one hour lectures per week | |
| Seminars / Tutorials | 8 Hours - Eight one hour seminars during the semester | ||
| Assessment | Semester Exam | 2 Hours Open Book Examination | 66% |
| Semester Assessment | Assignment: A written assignment of 2,000 words (required in week 9) | 33% | |
| Supplementary Assessment | Resit: By retaking the failed element (ie written assignment or examination or both, as applicable) | ||
| Professional Exemptions | Required for Professional Purposes | ||
In addition to these intellectual skills, students will be able to demonstrate:
Good time-management skills in preparing for seminars and submitting work on time.
The ability to carry out independent research for which credit will be given in the assessments
Locating and using relevant hard-copy and electronic sources seminars will require preparation using material from websites.
Ability to work in groups ? half of the seminars will run as workshops in which students work in small groups and organise a short presentation together.
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 the 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. New 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.
Syllabus
1. General introduction to Constitutional Law:
Written and unwritten constitutions; limits on the power of governments; organisation of the powers of government;
composition of legislature, executive and judiciary; the separation of powers and checks and balances; introduction to judicial
review of legislation; the US and UK systems compared; protection of rights under constitutions; introduction to the
programme of constitutional reform in the UK; brief introduction to the Human Rights Act.
2. Sources of the British Constitution:
Legal rules of the Constitution; Acts of Parliament and delegated legislation; the place of European Community law within the
system; an introduction to how European Community law is made; basic doctrines of European Community law; introduction
to conventions of the Constitution; problems concerning the identification and enforcement of conventions; the case for
codifying conventions; a written constitution for the United Kingdom?
3. The Structure of the United Kingdom:
The unitary constitution of the UK; the constituent parts of the UK; devolution; changes relating to: Scotland; Wales; Northern
Ireland; London; central and local government. Particular focus on the Government of Wales Act and the National Assembly
for Wales.
4. Parliament and the doctrine of Parliamentary Sovereignty:
Parliament; role and composition; the elements of the doctrine of Parliamentary Sovereignty; the development and implications
of the doctrine; transfers of sovereignty to former colonies; union between Scotland and England and Wales; devolution
measures; the protection of rights and issues of entrenchment; accession to the European Community (the supremacy of EC
law and its accommodation within the UK).
5. The protection of basic rights in the UK:
The Human Rights Act; introduction and background; the European Convention on Human Rights; the rights protected; the
manner in which the rights are protected; specific legal issues regarding the legislation. (This topic will be dealt with primarily in seminars.)
6. Parliament and Government; the Executive; the Crown:
The monarchy; Central Government; Crown prerogative and the role of conventions; the tasks of the Government; the powers of the Government; the role of the Government in legislation; controls over Government powers by the House of Commons, House of Lords and the courts; accountability of the Government to Parliament; other limitations on the powers of the Government (real politics, democracy, globalisation).