Course Code : LAW 205 and LAW 206
Course Title : Administrative Law I and Administrative Law II
Weekly Teaching Hour: 3-hours seminar per week
Who may enrol : Compulsory course for second year (Sophomore) LLB students .
Prerequisites : Previously studied and passed a Laws course
Lecturer : To be announced on August 2020
Description : Administrative Law, broadly defined as the law relating to governance and public administration, is an essential subject for all those aiming to practise in the general field of public law and human rights. The course takes a contextual approach, addressing cutting-edge issues concerning the role of law in the design and control of administrative processes. We pay special attention to the development of administrative law in a multi-level governance setting; to the challenges and opportunities for administrative justice associated with digitisation and AI; and to the prospects for new structures and processes in administrative law in the context of the Brexit process. Focused on domestic law, the course also explores the broader connections with EU and global administrative law and other common law jurisdictions.
Dealing with such important topics as provision of public services and welfare support, market regulation and public contracting, judicial review and human rights, and ADR and public inquiries, the course takes a joined-up approach to the subject. The first part, ‘perspectives’, provides an overview of major debates and controversies, extending in recent times to the implications for administration of ‘austerity’ and the new technological revolution. The second part, ‘governance in action’, introduces ideas and practices of regulation and public contract. We use case studies to illuminate good governance issues of transparency, accountability and participation, not least with the extended Brexit planning process in mind. Part 3, ‘complaints and administrative justice’, examines the important role in citizen protection of ADR-type mechanisms such as ombudsmen and tribunals. We look closely at the role and conduct of public inquiries as regards, for example, the Hillsborough and Grenfell disasters. Part 4, ‘judicial review’, builds on the section in the first year Public Law course, in part by examining the interplay of common law doctrines with Convention Rights and EU law in a multi-sourced jurisdiction. Special attention is paid to the role of test-cases and the ‘impact’ of judicial review on government.
Recommended Textbook (s) and Supplementary Books :
- Law and Administration (4th edition, CUP, forthcoming) by Carol Harlow and Richard Rawlings,
- Administrative Law: Text and Materials (5th edition, OUP, 2017) by Mark Elliott and Jason Varuhas,
- Textbook on Administrative Law 8/e by Peter Leyland (Author), Gordon Anthony (Author), OUP Oxford; ISBN-10: 0198713053, ISBN-13: 978-0198713050
- Important aspect of the course is the extended assessed essay, on a subject of your own choosing from parts 1 and 2 of the course, following consultation with the Course Lecturer.
Class Participation 10%,
Mid-term Examination 30%,
Assignments 10%, 2 x formative essays
Final Examination 50%, 50% Unseen 2-hour written examination,
50% Coursework essay (5,000 words)
Attendance 95 % compulsory.