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 (term 1)
Dr Jeff King (term 2)
|Intercollegiate teaching: No
|Teaching Method: 20 x two-hour seminars
|Who may enrol: LLM students, SIL students
|Barred module combinations: None
|Core module for specialism: Litigation and Dispute Resolution, Public Law
|Practice Assessment: To be confirmed
|Assessment method for LLM students: 3-hour unseen written examination
|Assessment method for SIL students: 3.000 word coursework essay
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 possibility of writing a dissertation associated with the module (see below) offers excellent opportunities for comparative study.
PART I: SETTING THE SCENE – A MULTI-STREAMED JURISDICTION
1. Introduction and definition
2. Functions of judicial review: ‘a multi-streamed jurisdiction’
3. Common law perspective - ultra vires and the challenge of ‘common law constitutionalism’
4. The EU connection
5. ‘Convention rights’ - Strasbourg and the domestic courts
6. Organisational and procedural development: statistical look
PART II: GROUNDS OF REVIEW - VARIABLE INTENSITY
7. Procedural review – adjudicative-style constraints
8. Procedural review and Article 6 ECHR
9. Procedural review – ‘a duty to consult’?
10. Legitimate Expectation – bucking the rules
11. Substantive review (I) – issues of methodology
12. Substantive review (II) – unreasonableness and proportionality
13. Justiciability and deference
PART III: JUDICIAL REVIEW – ALTERNATIVES, PROCESSES, EFFECTS
14. Regulating access (or not): standing and intervention, disclosure
15. Judicial review, tribunals and ombudsmen
16. The impact of judicial review on administration
PART IV: CASE STUDIES AND COMPARISONS
17. Judicial review of resource allocation decisions
18. Judicial review and national security
19. German administrative law & proportionality
20. American administrative law & regulatory ossification
You will need to buy:
P. Craig, Administrative Law, 6th edn, Sweet & Maxwell, 2008 and
C. Harlow and R. Rawlings, Law and Administration, 3rd edn, Cambridge UP, 2009
Seminar handouts and other information (on administrative arrangements etc) will be provided electronically through Moodle (virtual learning environment).
Those unfamiliar with judicial review in England and Wales might usefully read P. Cane, Administrative Law, 5th edn, Oxford UP, 2011, Chapters 1 and 2.
Each seminar handout provides a detailed set of primary and secondary sources for the topic. Materials marked ** should always be read by way of preparation (they represent the minimum requirement for each seminar).
This module traditionally enjoys a high level of student participation; all members take it in turns to do short presentations etc.
|Prizes for this module: There are currently no prizes available for this module.