|Module Title||ADMINISTRATIVE LAW|
|Co-ordinator||Ms Bettina Lange|
|Pre-Requisite||LA10110 or LA30110 or LA15710 and LA16220 or LA36220|
|Course delivery||Lecture||20 Hours Two one hour lectures per week|
|Seminar||4 Hours Four one hour seminars during the semester|
|Essay||2000 words required in week 6||50%|
|Resit assessment||By retaking the failed element (ie written assignment or examination or both, as applicable)|
|Professional Exemptions||Required for Professional Purposes|
This module aims to provide students with a critical understanding of selected areas of administrative law. Particularly since the 19th century and up until the late 20th century the state in Britain became more and more involved in social and economic matters, such as housing, education and health as well as the running of nationalised industries. This led to the development of a body of legal rules - called administrative law - in order to facilitate and regulate such state intervention. The latter half of the 20th century saw a 'rolling back of the frontiers of the state' in Britain and this in turn has given rise to new forms of administrative law, such as the use of contractual devices in the relationship between the state and the citizen (e.g. 'contracting out', 'public procurement', 'Citizens Charter').
Administrative law is a dynamic subject in which legal rules can change quickly. Stephen Sedley, a High Court judge, has called it 'the most dynamic of all contemporary fields of law'. One reason for this is of course the close link between administrative law and politics, which will be explored in this module. For example, the Westminster government's approach towards GMOs has become a subject matter for administrative law. The pressure group 'Friends of the Earth' has challenged in a judicial review action the Home Secretary's decision to continue the outdoor trial planting of GMO crops.
Administrative law is also dynamic because it can no longer be just understood in a national context but is influenced by legal and political developments on a local and international level. For example, the Government of Wales Act 1998 gives rise to new administrative structures and legal mechanisms in Wales. At an international level in particular EC law, for example through the principle of proportionality, has influenced administrative law in Britain.
Administrative law can be also a very practical subject. Nearly everybody is affected at various stages in his/her life by administrative law. For example, the disciplinary powers which the University has in relation to students and students' relationships with the Student Loan Company are guided by administrative law principles.
To provide students with the knowledge and the skills in this field of legal study which they will require for the purposes of working as a lawyer.
To develop critical understanding of how the law regulates and facilitates the activities of government.
To provide a basis for more detailed work, either through study of public law modules in subsequent semesters (such as welfare and housing law) and/or through research for undergraduate dissertations.
Module objectives / Learning outcomes
Students should obtain knowledge and skills that are relevant in a legal context:
knowledge about the regulation of administrative activities in Britain.
skills in reading and analyzing administrative legislation and cases.
an understanding of contextual factors, such as political dynamics which shape the legal powers and control of the administration.
Students should acquire skills that are relevant beyond legal work:
- reading and understanding legal materials should develop students' general
powers of analysis
- students should develop skills in communicating their ideas clearly and
concisely through seminar discussions and the assessed essay
- exercises during the seminars should develop team working skills
- the completion of the written assignment, students' own reading in the library and seminar preparation should develop their skills of self-motivation, time management and organisational skills
Lecture 1: Introduction to the module `key themes?. A case study based exploration of the function of administrative law.
Lecture 2: An explanation and critical evaluation of the `ultra vires? model of judicial review.
Lecture 3: Powers and institutions in the modern administrative state I:
1. Structures: A description of central government powers and institutions.
2. Philosophies: `New Public Management?.
Lecture 4: Powers and institutions in the modern administrative state II: Local government and devolution in Wales.
Lecture 5: Legal and political mechanisms of control: an overview and introduction.
Lecture 6: How do the courts control the administration?
- The public/private law distinction.
Lecture 7: Introduction to judicial review:
- Procedural issues: standing.
Lecture 8: Grounds of Judicial Review I
Lecture 9: Grounds of Judicial Review II
- Human Rights.
Lecture 10: To be announced.
Lecture 11: Grounds of Judicial Review II: Illegality, 1.
Lecture 12: Grounds of Judicial Review II: Illegality, 2.
Lecture 13: Grounds of Judicial Review III:
- Irrationality and Unreasonableness I.
Lecture 14: Grounds of Judicial Review III:
- Irrationality and Unreasonableness II.
Lecture 15: Grounds of Judicial Review IV
- Procedural Impropriety I
Lecture 16: Grounds of Judicial Review IV
- Procedural Impropriety II
Lecture 17: Exceptions - National Security and the Culture of Secrecy.
Lecture 18: Remedies: juridical: availability, public/private remedies.
Lecture 19: Remedies: alternatives, Parliamentary Commissioners (Ombudsman).
Lecture 20: Tribunals and Inquiries: The Scott Report.
Teaching will be by lectures and small group seminars. Lectures will provide a structure for students own work on the
subject and aim to stimulate and encourage critical understanding and independent learning; seminars will allow students
to use and demonstrate their knowledge of aspects of the subject in a group environment.
** Recommended Text
Craig. (1999) Administrative Law. 4th.
Leyland et al. Administrative Law. 2nd.
Harlow & Rawlings. (1997) Law and Administration. 2nd.
** Supplementary Text
Cane. An Introduction to Administrative Law. 3rd.
Galligan. (1996) A Reader on Administrative Law.