Module Title Approval CONSTITUTIONAL LAW AND CIVIL LIBERTIES Module Code requisite None 4LA501/5LA501 Module Level Credit value Date of Pre- 4/5 20 Total Number of Learning Hours 200 Key Words Constitution, Law, Liberties, Government Module Delivery Mode Face to face Module Description This module explores the legal and constitutional foundations of public power in England. More than any other area of law it has to draw on the rich historical, political and social traditions that veil the distinct absence of full mechanisms of legal accountability of central government and law-making institutions. The traditional underlying principles of the British constitution will be explored and examined in their historical context and their relevance in light of modern constitutional arrangements explored. The effect of external influences such as membership of the European Union, the European Convention on Human Rights and international law obligations will also be addressed. Finally the efficiency of the constitution in protecting civil liberties will be explored. In addition students, through regular assessed tutorial essays, will be taught the vital skill of academic legal writing. Module Learning Outcomes On successful completion of the module, students will be able to: At Level 4 • Appreciate the inter-relationship between public law principles and modern constitutional arrangements and develop a holistic approach to the subject through independent research • Demonstrate competency in legal academic writing At Level 5 • Theorise on the inter-relationship between public law principles and modern constitutional arrangements and demonstrate a holistic approach to the subject through independent research • Demonstrate proficiency in legal academic writing Module Content During the course of the module students will learn about: • • • • The nature of the British constitution The historical development of the modern constitution Legal and non-legal sources of the constitution The underpinning principles of the modern constitution including separation of powers, the rule of law and parliamentary supremacy and their relevance in the modern context The functions and powers of the legislature, executive and judiciary The inter-relationships between the organs of the state The effect of modern constitutional arrangements on traditional constitutional principles Constitutional reforms • Constitutional protection of civil liberties • • • • Module Learning and Teaching Methods Students will be expected to attend weekly lectures of 3 hours duration during which the key concepts and topic areas will be introduced and explored. In addition students will be required to attend five 1 hour tutorials during the course of the semester during which they will have the opportunity to formalise their subject knowledge and, through the regular submission of tutorial essays, will develop the skills required for academic legal writing. Finally students will also participate in assessed e-learning exercises. Activity Type Lectures Tutorials On-Line Tasks Guided independent study Total Hours 36 5 7 152 200 Scheduled learning and teaching activities: 24% Guided independent study: 76% Placement/study abroad: 0% Module Assessment Method Coursework 100% Students will be assessed in a variety of manners. Formative assessment will take place at tutorials where students will be asked to produce a written piece of work for submission at the tutorial. This work will then be returned to the student at the following tutorial session complete with formative feedback. Students will also be required to complete e-learning tasks on a regular basis which will form part of their formative assessment. Finally, students will be required to complete a final piece of coursework, based on the tutorial tasks and assessed for academic merit and subject knowledge and understanding. Reading list Key Texts th Bradley, A W, & Ewing, K D. Constitutional & Administrative Law, 15 Edition. (2011) Pearson, London, or Loveland, I. Constitutional Law, Administrative Law, and Human Rights, A Critical th Introduction. 5 Edition. (2009) Oxford University Press, London Essential Texts Elliot, M & Thomas, R. Public Law (2011) Oxford University Press, London th Carroll, A. Constitutional and Administrative Law. 5 Edition. (2009) Pearson Longman, London th Barnett, H. Constitutional and Administrative Law 9 Edition. (2011) Routledge, London Journals Law Quarterly Review ("LQR") Modern Law Review ("MLR") New Law Journal ("NLJ") Parliamentary Affairs ("PA") Public Law ("PL") Internet Resources Parliament: http://www.parliament.uk/ Public Law Project: http://www.publiclawproject.org.uk/ Centre for Public Law: http://www.cpl.law.cam.ac.uk/ Role of Parliamentary Committees: http://www.parliament.uk/documents/commonscommittees/guide-select-ctte-members.pdf Acts of Parliament from 1996: http://www.opsi.gov.uk/acts.htm Archive of all sorts of official documents from Magna Carta to Law Commission Reports: http://www.southampton.ac.uk/library/resources/index.shtml European Court of Human Rights archive of judgments etc. relating to the European Convention on Human Rights: http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en European Court of Justice of the European Communities: http://curia.europa.eu/jcms/jcms/j_6/ Government information and access to specific government departments: http://www.open.gov.uk/ Hansard: the official journal of proceedings in Parliament: House of Commons Debates Hansard - Archive
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