Constitutional Law and Civil Liberties

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