An introduction to the key doctrines and legal principles of administrative law in the United Kingdom with particular reference to Scotland.
The aim of this Module is to introduce students to the key principles of administrative law in the United Kingdom with particular reference to Scotland.
By the end of this module the student should be able to:
1. Identify and explain the legal framework of administrative justice in the UK.
2. Understand and explain the relationship between the citizen and the state.
3. Understand the operation of judicial review in Scotland.
4. Identify, state and apply legal principles and demonstrate skills of written and oral communication and legal reasoning.
1 Administrative Law
Basic concepts, ultra vires, standing in administrative proceedings. Redressing grievances in the public sector.
2 Judicial Review
Tripartite relationships, excess and abuse of power, the ultra vires doctrine, Wednesbury reasonableness, natural justice and other grounds of judicial review.
Parliamentary and Health Service Ombudsmen, Scottish Public Services Ombudsman.
4 Liability of the Crown and Public Authorities
Crown Proceedings Act 1947, Liability in Delict and Contract, Remedies, Crown Privilege and Public Interest Immunity.
5 Citizen and the State
Citizenship, Nationality, Immigration, Asylum, Deportation, Extradition, European Arrest Warrants, freedom of information
6 Human Rights and Civil Liberties
ECHR, Human Rights Act 1998, Commission for Equality and Human Rights, Police powers, Public order, State security and Official Secrets, Anti-terrorism measures. Privacy and data protection.
Statement on Teaching, Learning and Assessment
The module is delivered by lecture and tutorials. Students are encouraged to participate. For tutorials, students prepare by directed research for problem questions and quizzes. Classroom time is also spent preparing for the moot exercise which involves students working co-operatively and competitively on problems. The module includes the use of quizzes to allow students to monitor their performance. The module is assessed by a moot and an examination. Research for both the moot and the examination is required. Feedforward will be offered in structuring arguments for the moot and feedback will be offered on the performance and content of the moot.
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2019/10 , and may be subject to change for future years.