LC2S214 - Law and the State 01 Sep 2022 - 31 Aug 2028 | Version 2

Associated Module Information

Module Code: LC2S214
Module Title: Law and the State
Faculty: Faculty of Business and Creative Industries
Faculty Group: Law
Faculty Sub Group: Law
Module Leader: Hannah Coburn, Clare Lewis
Module Team: Hannah Menard
First Intended Intake: SEP 2022 Final Year of Intake: 2027
Date Closed:
Credit Value: 20 Credit Level: 5
Language: English
Percentage of Module Taught in Welsh: 0
Equivalent Module:
HECOS codes:
HECOS Code Weighting:

Document Version Information

Version 2
Valid From 01 Sep 2022
Valid To 31 Aug 2028

Module Aims

The module will introduce students to constitutional and administrative law and the law of the European Union.

The module will provide students with a basis to;

1. Evidence knowledge and understanding of the history, nature and operation of constitutional principles, sources of law and practice and institutions within the United Kingdom;

2. Evidence knowledge, understanding and application of sources of administrative law to determine whether public bodies have taken administrative decisions lawfully, rationally, proportionately and fairly;

3. Understand, explain and assert their own rights as individuals and to be able to articulate and defend their responses to questions and problems encountered across the range of subject matter encountered.

4. Understand and articulate the nature of EU law and its relationship with UK law within the context of the UK’s constitutional framework.

Content Summary

The module will cover the following indicative content in the form of study units:

  • Unit 1 - The UK Constitution: Organisation and Power

In this unit, students will consider some of the fundamental legal principles and political ideas underlying the UK constitution, developing their understanding of these principles and ideas by examining key constitutional statutes and decided cases whilst also undertaking some comparative analysis of other constitutions. They will also examine in detail the changing nature of the UK Constitution and roles of Parliament, the Government and the Judiciary, and the legal and political dynamics of the relationship between them. A consideration of the changing constitutional order in the UK will be made given Devolution and, for example, cessation of membership of the European Union. The aim is that by the end of the unit, students should be able to form and articulate their own coherent views upon the extant constitutional order and to understand how they can assert those views through, for example, laws relevant to legal and democratic rights.

  • Unit 2 - Judicial Review: Power and Legitimacy

Students will examine the key interface between the institutions of the UK Constitution - Parliament, the Government and the Judiciary. Students will set this study against Unit 1 and explore how and why the courts have developed a set of legal principles, including those required by Parliament, to review and regulate public bodies’ actions, and assess the circumstances in which individuals may seek judicial remedy against public bodies for illegality and other vitiating conditions.

  • Unit 3 – UK and EU Law: Power and Sovereignty

In Unit 3, students will explore the consequences of the UK’s exit from the European Union and, building upon Units 1 & 2, consider the nature and status of retained EU law, the UK’s relationship with the EU. Further, to provide some context to both the status of retained law and the relationship with the EU as expressed in the Withdrawal and the Trade Cooperation Agreements, students will gain an understanding of aspects of the EU itself including, sources of EU law and enforcement and concepts of supremacy in light of withdrawal.

Learning and Teaching Methods

Activity Type Hours
Lecture 20
Seminar 20
Independent Study 60
Directed Study 60
Formative Assessment - Scheduled 2
Formative Assessment - Independent 20
Groupwork 9
Problem / challenge based learning 9
Total Hours Selected 200

Learning Outcomes

# Learning Outcome
LO1 Evidence detailed knowledge, understanding and application of the key rules and principles within the UK constitution, including consideration of the roles and relationships of Parliament, Government and the Judiciary.
LO2 Evidence detailed knowledge, understanding and analysis of the position and relationship of derived and retained EU law within constitutional organs, principles and laws of the EU and the United Kingdom.

Module Requisites

N/A

Assessment Criteria

Assessment Category Assessment Type Description Duration Word Count Weight (%) Best of? Pass Mark
Synchronous Online Assessment Time-constrained assessment (Online) 1 Provide written answers to set questions requiring address of both UK laws and retained EU law. 48 hours duration 0 N/A 50 No 40
Synchronous Onsite Oral Assessment Oral Assessment (Internally assessed, Onsite) 1 Present an oral argument as a legal advocate, addressing a set constitutional and administrative problem and to provide a concise written synopsis of this. 15 N/A 50 No 40

Assessment Matrix

Assessment Type Learning Outcomes
LO1 LO2
Time-constrained assessment (Online) 1
Oral Assessment (Internally assessed, Onsite) 1

Reading List

Dennett, Public Law (Directions), OUP.
Barnett, Constitutional and Administrative Law, Routledge.
Parpworth, Constitutional and Administrative Law, OUP.
Elliott & Thomas, Public Law, OUP.
Bogdanor, Beyond Brexit: Towards a British Constitution, Bloomsbury.
De Mars, EU Law in the UK, OUP.
Foster, EU Law (Directions), OUP.

Journals
European Law Journal.
Public Law.
Modern Law Review.
Cambridge Law Journal.
Legal Studies.

Websites
Legislation.gov.uk
Parliament.uk
Gov.Wales.
Senedd.wales.
ukconstitutionallaw.org
ukpubliclawblog.com