|Module Title||CONSTITUTIONAL LAW|
|Co-ordinator||Ms Ann Sherlock|
|Co-Requisite||LA30110 or LA15710|
|Mutually Exclusive||GF16220 or LA16220|
|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|
|Assignment||A written assignment of 2,000 words (required in week 9)||33%|
|Resit assessment||Resit: By retaking the failed element (ie written assignment or examination or both, as applicable)|
|Professional Exemptions||Required for Professional Purposes|
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 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.
Aims of the Module:
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.
Module objectives / Learning outcomes
By the end of the module, students should have acquired an understanding of how the British constitutional system works and
an appreciation of proposals for reform. They will be expected to have developed the ability to deal with constitutional legal
materials in a critical and analytical manner, to identify problems in the constitutional system and to apply their knowledge in
suggesting possible solutions. They should be able to apply legal principles to factual situations in order to suggest possible outcomes to cases. Students will also be expected to be able to identify and appreciate the constitutional law
implications of general developments in law and politics.
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
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).
Teaching will be through lectures (35) and seminars/workshops (8). 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.
** Recommended Consultation
Turpin. British Government and the Constitution. 4th.
Bradley & Ewing. Constitutional & Administrative Law. 12th.
Barnett. Constitutional & administrative Law. 2nd.