Durham University
Programme and Module Handbook

Undergraduate Programme and Module Handbook 2005-2006 (archived)

Module LAW2031: ADMINISTRATIVE LAW

Department: LAW

LAW2031: ADMINISTRATIVE LAW

Type Open Level 2 Credits 20 Availability Available in 2005/06 Module Cap None. Location Durham

Prerequisites

  • The Law of Obligations (LAW1023) AND Public Law (LAW1013).

Corequisites

  • None.

Excluded Combination of Modules

  • None.

Aims

  • Building on the foundations laid in the two first-year triple modules, this module aims to explore the nature, operation and interaction of the various avenues of legal challenge to official ( or 'administrative') action in English law, together with the EC law dimension.

Content

  • Nature and interaction of the five chief avenues of legal challenge to official action: by appeal, by application for judicial review, by suing the state in tort or in contract, by raising 'collateral' defence in criminal or civil proceedings, and by complaint to Ombudsmen.

Learning Outcomes

Subject-specific Knowledge:
  • Students should be able to:
  • Demonstrate a sound understanding of existing administrative law in England and Wales and an appreciation of the European context in which it operates
Subject-specific Skills:
  • Students should be able to:
  • apply the existing law to factual scenarios and give legally cogent advice.
  • Analyse and evaluate the existing law in the light of the legal, social and political questions raised.
  • Engage in informed debate concerning shortcomings in the existing law and options for reform.
Key Skills:

    Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

    • Lectures are used primarily to impart knowledge - and also to suggest approaches to evaluation and critical analysis;
    • Tutorials will be used to develop and enhance students capacity for legal-problem solving in a particular factual situation, evaluative critical analysis and their appreciation of laws' linkage with broader fields of enquiry;
    • Assignments (formative) are used both to develop problem-solving skills, the ability to engage in sustained evaluation of proposed schemes of reforms, and the ability to evaluate the law in a critical and contextual way.
    • Summative assessment comprises one unseen examination of two hours fifteen minutes including fifteen minutes reading time. Students are given a choice of questions to answer, but the paper is structured in such a way as to assess students on all the specific outcomes. In particular, students are required to answer both problem and essay type questions: the former primarily assessing knowledge and analysis of specific factual situations raising key legal issues; the latter primarily assess knowledge, evaluative capacity and an awareness of placing the analysis of law in wider contexts of enquiry.

    Teaching Methods and Learning Hours

    Activity Number Frequency Duration Total/Hours
    Lectures 28 3 per fortnight 1 hour 28
    Tutorials 6 1 per 3 weeks 1 hour 6
    Other (written work "post mortem" classes 2 1 hour 2
    Preparation and Reading 164
    Total 200

    Summative Assessment

    Component: Examination Component Weighting: 100%
    Element Length / duration Element Weighting Resit Opportunity
    two-and-one-quarter hour written examination - including 15 minutes reading but not writing-in-the-answer-book time 100%

    Formative Assessment:

    2 essays during the year

    ■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University