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DRPS : Course Catalogue : School of Law : Law

Undergraduate Course: Administrative Law (LAWS10167)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Course typeStandard AvailabilityAvailable to all students
Credit level (Normal year taken)SCQF Level 10 (Year 3 Undergraduate) Credits20
Home subject areaLaw Other subject areaNone
Course website None Taught in Gaelic?No
Course descriptionThe aim of the course is to provide students with an advanced knowledge and critical understanding of administrative law, so as to build on the treatment of this subject at ordinary level in Public Law and Individual Rights (PLAIR), and Public law of the UK and Scotland (PLUS).
The course is designed to examine the scope and functioning of administrative law within its constitutional context; to examine the relation between law and Government in Scotland and in the United Kingdom more generally; and to explore the means by which government power is exercised and the legal methods by which it is controlled. Administrative law is a subject of growing importance to practitioners, so the course will have practical utility, but it will also involve consideration of more theoretical issues.
A large part of the course will be concerned with the study of judicial control of administrative action, including aspects of ultra vires, natural justice, fairness, incompatibility with Convention rights, misuse or abuse of discretionary powers, exclusion of review, locus standi, and judicial review procedures. Other areas that will be considered include the fundamental role in administrative adjudication conducted by tribunals and ombudsmen techniques.
The main emphasis will be on the law of Scotland, but English law and EU law will also be considered for comparative purposes, and occasionally other systems.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Students MUST have passed: ( Public Law of the UK and Scotland (LAWS08091) OR Public Law of the UK and Scotland (LAWS08123)) AND ( Public Law and Individual Rights (LAWS08092) OR Public Law and Individual Rights (LAWS08132))
Prohibited Combinations Other requirements None
Additional Costs None
Information for Visiting Students
Pre-requisitesSome knowledge of Scottish/UK public law
Displayed in Visiting Students Prospectus?No
Course Delivery Information
Delivery period: 2013/14 Semester 2, Available to all students (SV1) Learn enabled:  No Quota:  25
Web Timetable Web Timetable
Class Delivery Information First Seminar is held on Wednesday 15th January 2014 at 1110 - 1300 in Room 3.01 David Hume Tower.
Course Start Date 13/01/2014
Breakdown of Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Summative Assessment Hours 2, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 174 )
Additional Notes
Breakdown of Assessment Methods (Further Info) Written Exam 100 %, Coursework 0 %, Practical Exam 0 %
Exam Information
Exam Diet Paper Name Hours & Minutes
Main Exam Diet S2 (April/May)2:30
Learning Outcomes
On completion of this course, the student will be able to:
1. 1. Knowledge and Sources of Law:

- An advanced knowledge and understanding of administrative law and judicial review;
- An ability to critically analyse key administrative law and judicial review rules and case law, and reflect on their implications and possible avenues for legal development;
- An ability to engage with contemporary debates in the field of administrative law and judicial review.

2. 2. Subject-specific Skills:

-To enhance students¿ ability to learn independently (via the requirement to prepare in advance of the class by doing the ¿required¿ readings in seminar handouts);
-To enhance students¿ ability to locate, interpret and synthesise relevant materials from both primary and secondary sources (via the ¿required¿ and other readings in seminar handouts);
-To enhance students¿ ability to reflect critically on complex legal and institutional questions and to develop a problem-solving approach (via group class exercises and unseen examination); and
-To enhance students¿ ability to develop a legal argument in a succinct and persuasive manner (via active class participation and unseen examination).

3. 3. General Transferable Intellectual Skills:

- An ability to apply knowledge of the law to complex questions;
- Evaluative and critical reasoning;
- Creative thinking;
- An ability to articulate, sustain and defend a line of argument, clearly and concisely, in both written and oral form;
- An ability to consider arguments for and against a proposition in a ¿balanced¿ manner; and
- An ability to locate and use electronic and other resources at an advanced level.

4. 4. Key Personal Skills:

- Advanced written and oral communication;
- An appreciation of different dynamics within a class group and respect for the opinions of other people even if there is disagreement.

5. 5. Subject-specific Legal and Ethical Values:

- Ability to exercise independent judgement and operate in relative autonomy for the purpose of seminar and exam preparation;
- Ability to work as part of a group for the purpose of class exercises and discussions.
Assessment Information
100% exam
Special Arrangements
Additional Information
Academic description Not entered
Syllabus 1. Introduction
2. Administrative law and judicial review: purpose and functions
3. The scope of judicial review
4. Rationing and exclusion of review
5. Discretion and the intensity of its review
6. Fairness, legitimate expectations, requirement of reasons
7. Devolution and judicial review 1
8. Devolution and judicial review 2
9. Human Rights and judicial review 1
10. Human Rights and judicial review 2
Transferable skills Not entered
Reading list Not entered
Study Abroad Not entered
Study Pattern 1 x 2 hour seminar per week
KeywordsNot entered
Course organiserDr Elisenda Casanas Adam
Tel: (0131 6)50 9815
Course secretaryMrs Heather Haig
Tel: (0131 6)50 2053
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