The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
|JUDICIAL REVIEW (LAWSG117)
Credit value: 30 credits (12 ECTS)
Professor Rick Rawlings
Dr Tom Hickman
Adopting England and Wales as its ‘home’ jurisdiction, this module focuses on judicial review broadly defined. It thus looks not only at the common law but also at particular aspects of European Union Law and (in the language of the Human Rights Act 1998) of ‘Convention Rights’. The module further considers the interplay (or not) of these different sources of jurisdiction.
The module naturally involves careful consideration of the constitutional role of the judiciary, a familiar topic of debate in many jurisdictions. Attention is paid both to the broad historical dynamics and to cutting-edge developments in the case law. As well as to UK lawyers, the module should be of interest to students from many other jurisdictions both around the common law ‘globe’ and elsewhere.
The course content changes from year to year to reflect contemporary developments. The following is a provisional outline (particular seminar topics may be added or subtracted):
PART I: SETTING THE SCENE – A MULTI-STREAMED JURISDICTION
- Introduction and definition
- Functions of judicial review: ‘a multi-streamed jurisdiction’
- Common law perspective - ultra vires and the challenge of ‘common law constitutionalism’
- The EU connection
- ‘Convention rights’ - Strasbourg and the domestic courts
PART II: GROUNDS OF REVIEW - VARIABLE INTENSITY
- Justiciability and deference
- Procedural review – adjudicative-style constraints
- Procedural review and Article 6 ECHR
- Procedural review – reason-giving and consultation
- Legitimate Expectation
- Process review: the common law ‘umbrella’
- Substantive review (I) – ‘Wednesbury unreasonableness’
- Substantive review (II) –Proportionality-testing
- Equality and judicial review 15. A reformation of judicial review?
PART III: JUDICIAL REVIEW – STRUCTURES, PROCESSES AND EFFECTS
- Rule of law mechanics: standing, intervention and disclosure
- Application for Judicial Review procedure: statistical perspective
- Remedies and impact
- Striking back?
Background Reading (optional):
A very good introductory book in terms of judicial review is:
P Cane, Administrative Law (Oxford University Press, 5th edn, 2011)
Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.
|Delivery and enrolment
|Lectures/Seminars: 20 x 2-hour seminars
|Previous module enrolments: Medium – 16-50 students
|Who may enrol: LLM students
|Barred module combinations: None
|Core Module for LLM specialism: Litigation and Dispute Resolution, Public Law
|Final Assessment: 3-hour unseen written examination
|Practice Assessment: Opportunity for feedback on one optional practice essay per term
You will need to buy:
P. Craig, Administrative Law, 7th edn, Sweet & Maxwell, 2012
You will also need regular access to:
C. Harlow and R. Rawlings, Law and Administration, 3rd edn, Cambridge University Press 2009
This page was last updated on
8 July, 2014