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Curricular information is subject to change
On successful completion of this module students should be able to: demonstrate a detailed knowledge of the remedy of judicial review, and, in particular: a close appreciation of the principles regulating locus standi; of leave for judicial review; of the principles regulating the time within which an application should be made; of the rules regulating costs. Students should be able to understand the theories underlying the modern principles of invalidity. Students should be able to identify the circumstances in which a public agency may be made liable in damages for unlawful administrative action, and be able to apply the principal elements of the torts of malfeasance in public office; of negligence in the exercise of public power, the action for damages for breach of constitutional rights, the remedy under the European Convention on Human Rights Act 2003, and the remedies for breach of European administrative law, to a complex problem. Students should have a critical appreciation of the problems with the crime of misconduct in public office. Students should be able to apply to a hypothetical problem a detailed knowledge of the grounds of review and procedure regulating an application for habeas corpus under Article 40.4.2 of the Constitution. Through undertaking the assignment connected with the module, students will have acquired experience in research in Administrative Law.
The lectures will be accompanied by an online seminar programme (returning to physical seminars once public health restrictions ease).
Weeks one and two (i) Identification of institutions amenable to judicial review. The public domain exclusion. (ii) Week three. Locus standi. (iii). Week four. Blocks on judicial review (discretionary bars. time, the leave requirement, ouster clauses). (iv). Week six. Financial aspects of the judicial review process (including costs, pre-emptive costs orders, security for costs). (v) Week seven. The rules of invalidity. (vi) Weeks seven and eight. Damages or restitution for unlawful administrative action. (vii) Week nine. The rule against collateral attack. (viii).Week ten. The offence of misconduct in public office. (ix) Week eleven. Article 40.4.2/habeas corpus.
|Student Effort Type||Hours|
|Autonomous Student Learning||
|Seminar (or Webinar)||
Not applicable to this module.
|Description||Timing||Component Scale||% of Final Grade|
|Assignment: Hypothetical problem exercise combining judicial review doctrine (Advanced Administrative Law 1) and remedial aspects of public law (Advanced Administrative Law 2).||Week 8||n/a||Standard conversion grade scale 40%||No||
|Examination: Closed book examination.||2 hour End of Trimester Exam||No||Standard conversion grade scale 40%||No||
|Resit In||Terminal Exam|
|Summer||Yes - 2 Hour|
• Group/class feedback, post-assessment
Individual feedback for the assignment will be provided by e-mail on request. Feedback for the examination will be available in the form of a general account, identifying the material which the examiners expected and highlighting common errors and misunderstandings.
|Lecture||Offering 1||Week(s) - 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33||Wed 11:00 - 12:50|
|Seminar||Offering 1||Week(s) - 22, 24, 26, 30||Tues 14:00 - 15:50|