PUBLIC LAW II: ADMINISTRATIVE LAW - 2023/4

Module Overview

The module examines UK administrative law and the political, legal, constitutional and historical, context in which it operates. It focuses on the principles and practice of judicial review, the legal proceedings by which the courts are asked to determine the lawfulness of decisions made in relation to the exercise of public functions. Administrative law builds on the basic principles of constitutional law that students are introduced to in year 1. Administrative law is a foundation subject for Qualifying Law Degrees and as such the knowledge and skills developed throughout the module will be essential for entering the legal profession as a practitioner.

Module provider

Surrey Law School

Module Leader

ANASTASIOU Thekli (Schl of Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 5

Module cap (Maximum number of students): N/A

Module Availability

Semester 1

Prerequisites / Co-requisites

None  

Module content

Indicative content includes:

• The history and evolution of Administrative Law


• Constitutional principles and Administrative Law


• Theories of Administrative Law and Judicial Review


• The purpose and nature of Judicial Review


• The Claim for Judicial Review


• Grounds for Judicial Review


• The reform of Judicial Review

The module builds on public law 1 concepts, such as the separation of powers and the rule of law. In administrative law, students learn to contextualise these broad concepts and examine their influence in practice.

 

The topics that will be covered in the module include the requirements of good administration, separation of powers between governmental bodies and the judiciary, resource allocation, and judicial constraint. The module will therefore be introducing students to the concept of sustainable use of resources. Administrative law also introduces students to the Human Rights Act 1998 which implements the European Convention of Human Rights in the UK and the principle of proportionality, which is later further explored as part of the European Human Rights Law optional module. Learning about human rights protection in the UK and Europe enhances students’ global and cultural capabilities and introduces them to important social, ethical and contemporary legal issues, particularly regarding the relationship between the state and private citizens.

The notion of judicial review is also further explored in EU law, albeit in a different context, which runs parallel to the administrative law module.

Assessment pattern

Alternative Assessment

N/A

Assessment Strategy

The assessment strategy is designed to provide students with the opportunity to demonstrate their knowledge and understanding of the key concepts of administrative law, as well as skills and abilities developed throughout the module.

The summative assessment for this module consists of:

• An online examination within a 4-hour window, which includes a problem question and reflection question. The problem question will enable students to demonstrate problem solving skills whereas the reflection question allows students to demonstrate their understanding of the theoretical underpinnings of the topic. The exam amounts to 80% of the mark. The key employability skills assessed include critical reasoning, synthesis of legal provisions, applying the law to the facts of different cases and argumentation.

Formative assessment

The formative assessment consists of a shorter problem question and reflection question adapted from previous exam papers and takes place in weeks 6-7. Each student will be given individual written feedback and guidance on his or her mock exam, in addition to the general feedback and guidance provided on general themes and issues that emerged from the formative assessment to the cohort as a whole. The formative feedback is designed to help students understand the marking criteria and module specific expectations.

In addition, every week students will have the opportunity to answer multiple choice questions in preparation for their tutorials, as a form of self-assessment designed to test the students’ knowledge of basic concepts. This aspect will also help prepare students for the SQE exams that are necessary for entering the legal profession as a solicitor. 

Feedback

Feedback is also provided throughout the module within tutorials. Tutorials are designed to be interactive class discussions and are therefore good opportunities for detailed feedback on specific issues. The more students prepare and participate, the more helpful and targeted the feedback provided by the tutor can be.

Individual feedback is available during the tutors’ student hours. These hours are there to help with specific questions outside of tutorials. Questions can also be posted on SurreyLearn discussions and are available for all students to read, reply, or add follow-up questions.

Through continuous feedback delivered in different forms, students will learn to interpret and incorporate feedback into their learning, which is essential both as an employability skill as well as in order to build resilience.

Module aims

• Provide in-depth knowledge and understanding of the process of judicial review in the UK.
• Improve students' understanding of the concepts, traditions and principles underpinning UK administrative law, building on the basic principles introduced in public law 1.
• Prepare students for addressing practical problems in administrative law and beyond, enhancing their employability and preparing them for practice.
• Develop students' understanding of, and ability to explain and analyse, the relationship between political and judicial power.

Learning outcomes

Methods of Teaching / Learning

The learning and teaching strategy is designed to provide a layered approach to the acquisition of knowledge and its practical application in each topic. Teaching is through large group lectures and small group tutorials.

Lectures introduce the students to the subject areas and provide an overview to enable an understanding of basic principles and underlying concepts. Students can use lectures as a guide for sorting through a large amount of information found in their textbook and legal sources, learning therefore to be more efficient independent readers and enhancing their resourcefulness and resilience. The lectures are recorded to allow students to engage with them in a way that is conducive to their own learning abilities and strategy. Revision lectures will also be delivered and give students the opportunity to reflect on their progress in relation to the specific learning outcomes of the module, in order to identify areas where further improvement is necessary.

Tutorials will give students the opportunity to actively participate in their learning, and to practice and develop a number of key employability skills. Each tutorial requires students to read the relevant primary and secondary legal sources in advance, in order to develop their understanding of the law, and to evaluate key principles as discussed by the courts and applied in practice. Students will then be able to discuss and address the complexities of each topic and apply their knowledge to hypothetical scenarios, such as those they might encounter in legal practice. Importantly, during tutorials, students will be able to demonstrate self-direction and originality in tackling and proposing solutions to problems. Tutorials are small group teaching sessions of 10-20 students. As such, students get to practice their argumentation skills in a professional but relaxed environment and exchange views with other students, thus challenging their own conclusions, and allowing them to evaluate the strength of their arguments.

The teaching strategy in also designed to encourage independent study and research. Students will have the opportunity to use and improve the research and reading skills they developed in their 1st year of study, in particular as part of the legal systems and public law 1 modules. Students will be provided with required reading references but will be expected to undertake additional reading into each topic under their own steam. Independent study is a key transferable skill that will help students take charge of their learning, and as a result enhance their resilience by developing independence and proactivity. 

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW2037

Other information

Surrey's Curriculum Framework is committed to developing graduates with strengths in Employability, Digital Capabilities, Global and Cultural Capabilities, Sustainability and Resourcefulness and Resilience. This module is designed to allow students to develop knowledge, skills and capabilities in the following areas:

Employability:

The module is designed to give students the opportunity to develop and improve key transferrable and professional skills, building on their experience from year 1. Every tutorial includes a case study, so that students can improve their research, critical reading and case analysis skills. These skills are essential in their further studies as well as professional careers. In addition, students will practice and be assessed on their problem-solving skills, argumentation, their ability to synthesise legal and non-legal authorities to produce logical conclusions and their ability to structure strong legal arguments. One particular professional skill emphasised in the module is adherence to deadlines. Judicial review applications have strict deadlines, which is emphasised throughout the module. Students take the role of a practitioner advising a client during tutorials and as part of the assessment.

In addition, throughout the module, students have the opportunity to work on their ability to analyse competing principles and policy concerns (such as human rights protection against national security) and to understand the relationship between political and judicial power. These skills are necessary for working in any area of public law, including human rights, environmental law, EU law and public international law. Administrative law is also essential for students interested in working in the public sector in any capacity or in the third sector in any organisation concerned with state power or the relationship between the state and its citizens.

The quiz comprising of multiple-choice questions is specifically intended to prepare students for the solicitors qualifying exam, which has to be undertaken by students wishing to enter the legal profession as solicitors.

Global and cultural capabilities:

One important aspect of the module is introducing students to the Human Rights Act 1998 which implements the European Convention of Human Rights in domestic law. Through discussions on human rights protection in Europe and the UK, students have the opportunity to develop informed views on issues relating to human rights protection, especially non-discrimination, derogations in cases of emergencies, the right to freedom of speech and the right to private life. Students are also introduced to global social and ethical issues by discussing cases involving the protection of national security, terrorism and immigration policies.

Resourcefulness and resilience:

The module is designed to enable students to work independently and to facilitate self-efficacy. Students can practice skills such as choosing to focus on important information, sorting through a large amount of information (for example long court judgments) and comparing and collating information from various sources (academic, legal and political). The instructions relating to tutorial reading are less detailed incrementally to allow the students to develop their confidence, particularly in reading and analysing court cases. Tools are shared with students to allow them to develop sustainable study habits. Building on their knowledge and understanding throughout the module, students will be able to draw together ideas and competing principles. This requires perseverance and learning from feedback.

Digital capabilities:

Students are encouraged to utilise collaborative tools (Whatsapp, Teams, Zoom) to communicate. As with all modules, students are expected to engage with online material and resources via SurreyLearn, and other digital platforms. Students are especially encouraged to use legal databases such as westlaw and lexis, and legislation.gov.uk for finding and reading statutes.

Sustainability:

An important aspect of the module is the correct use of resources to enable good administration. The module discusses issues of public spending and resource distribution that is conducive to good administration and promotes effectiveness for public bodies and courts.

Programmes this module appears in

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2023/4 academic year.