Course Code : LAW 309
Course Title : North & South Cyprus Public Law and System
Weekly Teaching Hour: 3-hours lecture per week, 1 (1-hour) tutorial every week
Who may enrol : Compulsory for Year 3 (Junior) LLB. Students
Prerequisites : N/A
Lecturer : To be announced on August 2020
Description : This course is designed to introduce students to the constitutional system of government in Northern & Southern Cyprus (legislature, executive and judiciary). To explain the restraints on the exercise of governmental powers. Matters relating to the administration of government shall also be considered – including the concept of judicial review of administrative action, the concept of a public authority, locus standi, natural justice and the functions of the ombudsman. The course will also examine the court structure (including an introduction to civil and criminal procedure) and the legal profession in Northern & Southern Cyprus (legal professional responsibility and privilege, including study of the Advocates Law).
COURSE CONTENT 1. The constitutional history of Cyprus. The Zurich and London Agreements. The bi-communal character of the Constitution. The Sothern Cypriot doctrine of necessity. Sources of Cypriot constitutional law and the impact of European Union membership. Structures and institutions of government. The exercise of executive power. The protection of fundamental rights: the European Convention on Human Rights. The independent institutions of the Northern & Southern of Cyprus. 2. The court hierarchy. Alternative Dispute Resolution and arbitration. The judiciary (including: independence, immunity, appointment and removal). The legal profession. The Office of the Attorney-General. The appeals system. 3. The nature and scope of administrative law. Administrative act, public authorities. Legitimate interest for filing a recourse. Natural Justice. Exercise of discretionary power. Revocation of administrative acts. The Ombudsman. 4. The Advocates Law. Disciplinary action. Professional privilege. Conflict of interest, contempt of court.
LEARNING OUTCOMES On successful completion of this course a student will be able to: 1. Identify the commonalities between the Constitution of 1960 and any future constitutional settlement. 2. Examine the implications of South Cyprus’ membership of the European Union upon governmental institutions. 3. Outline alternative means of resolving legal disputes beyond the traditional court system. 4. Discuss the importance of professional legal ethics in a modern society founded upon the rule of law. 5. Introduce the mechanisms whereby the exercise of governmental authority may be challenged. 6. Outline the hierarchical nature of the court system in Northern & Southern Cyprus, including the jurisdiction of specialist courts and tribunals. 7. Effectively identify, find and use relevant sources of Cypriot law using both traditional and online resources in written and oral works
Recommended Textbook (s) and Supplementary Books :
1- Introduction to Cyprus Law by Andreas Neocleous &Co. Edited by Dennis Campbell,
- Reading lists and other materials will be provided for students registered on the course via online by lecturer.
The method of assessment for this course has been designed to test all the learning outcomes. Students must demonstrate successful achievement of these learning outcomes to pass the course.
Class Participation 10%,
Mid-term Examination 30%,
Final Examination 50%,
Attendance 95 % compulsory.