Undergraduate Course: Administrative Law (LAWS10167)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 10 (Year 3 Undergraduate)
||Availability||Available to all students
|Summary||The aim of the course is to provide students with an advanced knowledge and critical understanding of administrative justice, so as to build on the treatment of this subject at ordinary level in Public Law and Individual Rights (PLAIR).
The course is designed to identify 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. A thorough understanding of these issues is vital to practitioners at a time of important constitutional change in Scotland and ongoing debates surrounding the best means of securing administrative justice. Therefore, the course is designed to have practical utility, but it will also involve the consideration of more theoretical issues.
The course will be concerned with the study of judicial control of administrative action, the fundamental role in administrative adjudication conducted by tribunals and ombudsmen techniques, the law regulating the access to government-held information and the impact of EU law and human rights on administrative justice.
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.
1. An introduction to Administrative Justice
2. Who Gets in, And Why? Standing and the Purpose of Judicial Review
3. Tribunals and Administrative Justice
4. Ouster Clauses: The Rationing and Exclusion of Review
5. Ombudsmen and Administrative Justice
6. The Interception of Communications
7. Administrative Justice, EU Law, and Human Rights
8. Freedom of Information
9. Judicial Review and National Security
10. Presentations and Discussion
Information for Visiting Students
|Pre-requisites||Some knowledge of Scottish/UK public law
|High Demand Course?
Course Delivery Information
|Not being delivered|
On completion of this course, the student will be able to:
- 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.
- 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).
- 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.
- 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.
- 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.
|Graduate Attributes and Skills
|Course organiser||Dr Dimitrios Kagiaros
Tel: (0131 6)50 9815
|Course secretary||Mrs Heather Haig
Tel: (0131 6)50 2053