British Constitutional Law

Recommended Reading The key texts to which you will need regular access, and one of which you will need to buy are:

Turpin and Tomkin, British Government and the Constitution (OUP, 7th ed) 2007

Jowell and Oliver (eds) The Changing Constitution (Oxford University Press, 6th ed) 2007

Loveland, Constitutional Law, Administrative Law and Human Rights (OUP, 5th ed) 2009

Bradley and Ewing, Constitutional and Administrative Law (Longman, 15th ed), 2010

Barnett, H Constitutional and Administrative Law (Cavendish, 8th ed) 2011

Leyland and Anthony, Textbook on Administrative Law (OUP, 6th Ed) 2009

Manning J. Judicial Review Proceedings: A practitioner’s guide (LAG, 2nd Edition) 2004

1 1. Module Outcomes

1.1 Rationale: The rationale of the course is to examine the current state of British Constitutional law. The historical development will be as important in this process as the look to the future. British Constitutional law can no longer be seen in isolation from European law and the constitutional arrangements of other jurisdictions. Therefore some emphasis is laid on the discussion of the interrelationship between British institutions and the developing European legal landscape as well as on comparative material from other European Countries. There is a scope for comparison with other Constitutions for example the Polish one. The understanding of these complex dimensions of British Constitutional law is an important precondition for a rational analysis of the current state of Constitutional law.

1.2 Aims & Objectives This module examines the roles played by law within the British constitution in the context of the historical development of the British state.

We will consider the nature of the state and of executive power, placing at the forefront, issues of legitimacy and accountability, drawing on discussions regarding concepts of the “rule of law”. In the modern context, the relationship between British institutions and those of the European Union (EU) and the European Convention of Human Rights (ECHR) will be examined, as will the location and relocation of power within the institutions of central, local and quasi-government. We will also examine questions of government, control of information (secrecy, confidentiality and freedom of information), and more briefly consider issues regarding security and policing, before turning finally to focus on the place of the courts in constitutional arrangements, drawing on comparative material from Germany and the USA.

The objectives of this module can be summarised as:

To achieve a critical understanding of the key features of the British constitution

To introduce an awareness of the roles of “law”, as defined, within the constitution.

1.3 Learning Outcomes

The following lists what an average student (receiving a mark of a high upper second class level) will have achieved at the conclusion of this course.

A critical understanding in the following subject areas:

Knowledge:

2 A student should be able to demonstrate

A critical understanding of the role of law in the Constitution A critical knowledge of the conceptual framework, values, principles and rules of the Constitution of the United Kingdom including the principles and institutions of Constitutional Adjudication. A critical knowledge of the main structures and institutions of the United Kingdom and the interaction between these institutions. A critical understanding of the relevant social, economic, political, historical, philosophical, ethical and cultural context within which the UK Constitution operates. An ability to identify the current debates in constitutional law.

Intellectual (thinking) skills:

The student should be able to

Examine contentious areas of the United Kingdom’s constitution in the context of wider theoretical arguments. Identify, locate and retrieve standard legal materials in paper and electronic form. Synthesise information from a number of primary and secondary legal sources to appreciate their relative value and to achieve knowledge and understanding of UK Constitutional law. Synthesise the relevant doctrine and policy of United Kingdom Constitutional Law. Evaluate constitutional rules and theories in terms of their internal coherence and practical outcomes. Make a critical judgement of the merits of particular arguments and make a reasoned choice between alternative solutions or arguments to current issues in UK Constitutional Law. Undertake tasks independently Students will be able to recognise areas of significant academic dispute in the constitutional law of the United Kingdom.

Practical skills:

The student should be able to

Recognise and rank legal issues in terms of relevance and importance. Use primary legal sources (including limited use of electronic sources) to give an accurate and current account of the constitution; To synthesise the relevant doctrine and policy in relation to UK Constitutional Law. Manage developments and changes in legal matters effectively by creating new and imaginative solutions by approaching a problem using material in different ways.

3 Make a critical judgement of the merits of particular practical and academic problems and make a reasoned choice between alternative solutions or arguments. Work independently in planning and undertaking assignments within legal subjects studied. Understand and employ English legal terminology in writing. Read, understand and summarise complex constitutional legal texts. Identify, locate and retrieve standard legal materials in paper and electronic form.

Transferable skills:

A student will be expected to

Communicate knowledge or an argument in writing using fluent prose including correct legal terminology to express arguments and ideas. Work effectively on their own and in groups. Evaluate and assess his or her own abilities, performance and understanding, to reflect on his or her own learning and to seek advice and feedback. Use electronic information management tools, which will probably include word-processing, email, use of the WWW and some electronic information retrieval systems. Utilise their problem solving skills in practical and theoretical contexts. Manage time and prioritise tasks by working to strict deadlines.

2. Teaching and Learning Methods The British Constitutional Law is taught by 30 hours lectures. Students should consult reading lists given out for lectures and seminars as guidance for this independent research.

The British Constitutional Law course has been established as an e-bridge module and students are urged to make use of the learning opportunities provided thereby. All lecture handouts and additional material will be provided.

Syllabus

1. Introduction to the Course, An overview and the Idea of the Constitution: Introduction to the British Constitution, Sources and Nature 2. The UK’s Historical Framework, Particularity of the British Constitution, Constitutional Principles 3. Separation of Powers 4. Parliamentary Sovereignty and its limits: EU Membership, Human Rights

4 Act 1998, Devolution 5. The Rule of Law

6. The Institutions of the UK, Government in the UK, the Crown, Public

Bodies, Judiciary, Recent reform

7. Delegated Powers and Delegated Legislation

8. The Constitution and the Individual: Protecting Rights in the UK

9. The protection of privacy

10. Revision lecture

Samples of lectures:

The Rule of Law

Jowell and Oliver, chapter 1

The following lectures will focus on “The Rule of Law”, a concept related to the prevention of abuse of state power, and historically and currently a major focus of constitutional debate. In Britain, arguments about the meaning and scope of the concept have tended to pivot around Dicey’s version of the concept, written in the late 19th century. Given the fundamental changes to the British state in the period since then, these lectures will consider the relevance of Dicey’s model in the present day, and consider what the content may be of a more modern concept of Rule of Law.

The Institutions of the UK

Jowell & Oliver, chapters 10 &11 Turpin & Tomkins ch 6, 7, 9

In these series of lectures, we turn to the practicalities of government in the United Kingdom. You will already have been introduced to the main institutions of the UK in the lectures given previously, but at this stage we will turn in more detail to the role and functions of the central government, the devolution of power to the regional bodies in the UK and the rules and principles governing the institution of the local government.

We will begin by examining the role of monarch and the prerogative powers. We would then look into the operation of the driving force of the UK government, the executive. This may appear a surprising choice, as you will

5 already be aware that the UK’s constitution is based upon the premise that Parliament, not the executive is the font of all power. As with much else in the UK’s constitution, however, this theory of Parliamentary sovereignty hides a more complex reality. It is the executive that is the powerhouse of the UK’s government, not the legislative branch. It is therefore appropriate to examine the role and operation of this branch of government first.