Module LAW3501: THE LEGISLATURE AND LEGISLATION

Department: Law

LAW3501: THE LEGISLATURE AND LEGISLATION

Prerequisites

• • Introduction to English Law and Legal Method (LAW 1121) [OR Legal Skills (LAW 1107) AND Legal System of England and Wales (LAW 1117); OR Legal Skills (LAW 1041)]; Individual and the State (LAW 1081); AND UK Constitutional Law (LAW 1091).

Corequisites

• • None

Excluded Combination of Modules

• • None

Aims

• Lawyers have tended to focus on the work of the courts; and judge-made law as the primary source of law. But the legislature is a separate branch of government with its own important constitutional and institutional roles, arrangements and processes. It is deserving of study in its own right. Moreover, legislation is the ‘dominant source of law of our time’ (Lord Steyn), with the UK Parliament enacting 25-40 statutes and 2000-3000 statutory instruments every year (leaving aside the devolved legislatures). As Andrew Burrows QC has argued, ‘we need to spend far more time in our university law schools researching, and teaching … about statute law as a coherent whole.’
• This module seeks to redress the typical disregard shown to the most important branch of government, and the most important form of law. It is divided into two parts: the first concerns the workings of the legislature; the second concerns legislation. Thus, the aims of the module are:
• To gain a critical understanding of the work, roles and functions of the legislature as a separate branch of government
• To gain a critical understanding of the legislative process and legislation
• To strengthen students’ understanding of statutory interpretation

Content

• The legislature (amongst other issues: theories of the legislature, legislative governance, bicameralism, select committees, parliamentary privilege and exclusive cognisance)
• The legislative process (the nature of legislation; policy making; legislative drafting; the parliamentary process)
• The process of statutory interpretation

Learning Outcomes

• Students should be able to:
• Demonstrate a critical understanding of some of the key debates concerning legislatures;
• Demonstrate knowledge of the key structures, procedures, and internal dynamics of legislatures (with particular reference to the UK Parliament);
• Demonstrate a critical understanding of the legislative processes for both primary and second legislation;
• Demonstrate an understanding of theories of statutory construction and the main approaches of statutory interpretation.

• Analyse and evaluate the particular institutional and constitutional issues that legislatures face;
• Make a reasoned evaluation of proposed legislation and its effectiveness;
• Critically discuss the findings of scholarly works on legislation and statutory interpretation;
• Critically analyse the standards and techniques judges deploy to determine the meaning of statutes and the intention of legislature.

• Students should be able to:
• Demonstrate developed research and writing skills, including the ability to work independently and to take responsibility for their own learning;
• Develop critical thinking, research, analytical and writing skills, engage in critical reading of legal and academic texts;
• Make critical judgements on the merits of a range of arguments;
• Apply different interpretation methods to interpret the existing law and formulate strategic legal arguments.

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

• The modes of teaching, learning and assessment have been chosen in order to facilitate the achievement of the learning outcomes of the module.
• Lectures will concentrate on developing students' knowledge of the subject area and introducing them to the relevant critical, analytical and evaluative skills.
• Tutorials will engage students in critical discussions and deepen students’ understanding of the roles of legislature, the process of legislation and approaches to statutory interpretation.
• The formative essay will connect directly to preparing students for the summative essays and assess the same skills needed for the summative essays.
• Summative assessment comprises two summative essays of 3000 words each. The summative essay tests the ability to focus on relevant issues and organise knowledge and argument appropriate to questions raised.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One essay of 1,000 words.

■ 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