This Module is an in-depth and contextual examination of significant and cutting edge issues in judicial review.
This module addresses a selection of the most significant and cutting edge issues in the subject in the light of the broader historical dynamics and consideration of the different objectives and functions of judicial review. Adopting England and Wales as its ‘home’ jurisdiction, the module looks generally at the common law, including in terms of constitutional rights, and at key aspects (in the language of the Human Rights Act 1998) of ‘Convention Rights’, of the Equality Act 2010, and (in the wake of Brexit) of the legacy of European Union Law. The module further considers the interplay (or not) of these different sources of jurisdiction, also factoring in elements of Public International Law. In examining issues of judicial review process and impact, we also engage with successive bouts of legislative and administrative reform of the judicial review system.
The module naturally involves careful consideration of the constitutional role of the judiciary, a familiar topic of debate in many jurisdictions. Importantly, the subject will take a contextual approach, placing judicial review principles in the context of the administrative processes they are designed to regulate, for example with reference to digitisation and the development of artificial intelligence. 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.
Module Syllabus
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: Framework – sources and dynamics
Seminar 1. Introduction; definition and functions
Seminar 2. Modelling judicial review
Seminar 3 Transforming judicial review
Seminar 4. Common law dimension – contemporary perspective
Seminar 5. Convention rights – Strasbourg and the domestic courts
Seminar 6. EU legacy
Part II: Procedural review
Seminar 7. Procedural review and the challenge of contextualism
Seminar 8. Procedural review – reason-giving and consultation
Seminar 9 Bias, impartiality and independence
Seminar 10. Structural procedural review
WINTER BREAK
Part III: Legality, process and substance
Seminar 11. Model of rationality: the common law ‘umbrella’
Seminar 12. Legality, unreasonableness and proportionality (1)
Seminar 13. Legality, unreasonableness and proportionality (2)
Seminar 14. Law, policy and administrative process
Seminar 15. System check
Seminar 16. Equality and discrimination case-study
Part IV: Judicial Review – Structures, Processes and Effects
Seminar 17. Application for Judicial Review: standing, intervention and disclosure
Seminar 18. Remedies and patterns of judicial review
Seminar 19. Impact? Striking back and clamping down
Seminar 20. Overview, updating and revision
Recommended Materials
You must have access to:
- C. Harlow and R. Rawlings, Law and Administration, 4th edn, CUP, 2021; and
- M. Elliott and J. Varuhas, Administrative Law, 5th edn, OUP, 2017.
Module reading lists and other module materials will be provided via online module pages in the usual way
Preliminary Reading
For an introduction to the historical development, see:
- C. Harlow and R. Rawlings, Law and Administration, 4th edn, Cambridge University Press, 2021, Chapter 4 (‘Transforming judicial review’).
Key information
Module details | |
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Credit value: | 45 Credits (450 learning hours) |
Convenor: | Professor Rick Rawlings |
Other Teachers: | None |
Teaching Delivery: | Face to Face Seminar |
Who may enrol: | LLM Students Only |
Prerequisites: | None |
Must not be taken with: | None |
Qualifying module for: |
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Assessment | |
Practice Assessment: | TBD |
Final Assessment: | 2 Hour Timed Online Examination (50%) 5,000 Word Essay (50%) |