LA129-30 Law, State and the Individual

Introductory description

This foundational module aims to offer students an introduction to the relationship between Law, State and Individual. It explores some of the basic conceptual underpinnings of this relationship (legal, political and philosophical) as well as situating key texts and theories within multiple institutional and clinical contexts.

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Indicative topics to be covered in the problems set and various lectures are:

1. The nature of public law (including versus private law and international law) and the principles underpinning it
2. The nature of democracy (as opposed to other regimes) and the potential for protest or opposition to power exercised by democratic government
3. The relationship between public law, economics and politics
4. Constitutionalism and the sources of the British Constitution with consideration of its historical and colonial contexts
5. The fundamental theoretical concepts that underlie public law (and, in turn, the relationship between the individual and the state), including the rule of law, accountability, the separation of powers, and in the UK, parliamentary sovereignty
6. Multi-layered government (the EU, devolution and local government)
7. The protection of human rights (including the Human Rights Act 1998)
8. Introduction to judicial review, including the grounds for such review, as a legalised remedy for the abuse of power
9. Introduction to administrative justice (tribunals, inquiries, ombudsmen)

The topics will complement those included in Understanding Law in Context

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate a basic knowledge and critical understanding of public law (administrative and constitutional), and its pivotal role in the relationship between individual and state
• Demonstrate knowledge and understanding of key institutions, procedures and sources of public law (distinguishing it from private and international law)
• Demonstrate understanding of basic concepts, values and principles associated with constitutional and administrative law, and an ability to identify these in multiple contexts outside more orthodox court or legal settings
• Show knowledge and understanding constitutional and administrative law as a dynamic area entailing continuous contestation and development
• Think systematically about the wider relationship and reciprocal influences between law, politics and society with particular emphasis upon law, state and individual
• Independently relate contemporary events or new problem based situations and cases to themes addressed in the module

Indicative reading list

To be determined closer to the date of delivery (i.e. not before October 2021)

Research element

Conduct research into problems and legal cases both individually and as part of a small group

Interdisciplinary

Students will need to explore political and philosophical texts and apply to the notion of public law as a constitutional foundation.

International

The influence and impact of international law, institutions and practices in UK public law will be addressed as elements of the problem and case based scenarios included in the module.

Subject specific skills

Written and oral presentation skills in relation to public law
Legal research
Legal writing

Transferable skills

Written and oral presentation skills
Critical analysis
General research
Collaborative working and team work
Oral presentation
Writing in various genres