LA3B5-15 Judicial review and administrative justice

Introductory description

This module follows on from ‘Law State and Individual’ first year module to provide a more advanced freestanding module examining judicial review and administrative justice. It combines rigorous study of judicial review doctrine with contextual analysis of the politics involved in the role of the judiciary in controlling public power, and practice of administrative justice beyond judicial review case doctrine.

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.

Judicial review law - topics might include (1) historical perspective on changing judicial attitudes over time (2) the nature of public power (getting into judicial review) and the exclusivity of JR processes (getting out of judicial review) (3) ouster clauses (4) error of law (5) control of discretion (6) development of new grounds of review including legitimate expectations and proportionality (7) natural justice (8) the function of litigation in public law: standing, public interest litigation and rights approaches vs wrongs approaches.
Judicial review political context topics might include the constitutional basis of judicial review and the role of the judiciary and recent judicial review reforms - excluding JR by stealth?
Broader administrative justice topics might include administrative rulemaking, internal review ombudsman review tribunal justice and possibly also pubic inquiries.

Learning outcomes

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

• knowledge and understanding 1 - students have knowledge of the main grounds of judicial review
• knowledge and understanding 2 - students have knowledge of the constitutional and political context in which judicial review operates including separation of powers, rule of law, and issues raised by recent attempts to reform judicial review
• knowledge and understanding 3 - students have knowledge of the wider context of administrative justice exemplified by selected topics such as for example administrative review, ombudsman complaints, tribunals
• skills - students are able to research and critically analyse the above topics, drawing on suitable academic and caselaw resources and examples
• students are able to develop and present coherent well argued and evidenced answers to selected topics for discussion, both orally in class and (for summative assessment) in writing an essay

Indicative reading list

Reading lists can be found in Talis

Research element

Assessment is by essay which involves an element of independent research

Subject specific skills

Students gain skills of case and doctrinal analysis in this specific administrative justice context.

Transferable skills

Transferrable skills of library research, class discussion, and written presentation skills