LAW41800 Advanced Administrative Law 2

Academic Year 2022/2023

This module reviews the principal remedies for illegal administrative action: judicial review (and habeas corpus/Article 40.4.2 of the Constitution); actions for damage for unlawful administrative action; the right of recovery of illegally extracted taxes and charges; the criminal prosecution for misconduct in public office. The unifying theme underlying the module is to assess the extent to which these public law remedies provide an effective system of redress for illegal administrative action.

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Curricular information is subject to change

Learning Outcomes:

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).

Indicative Module Content:

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 Hours: 
Student Effort Type Hours
Autonomous Student Learning

105

Lectures

24

Seminar (or Webinar)

8

Total

137

Approaches to Teaching and Learning:
Advanced Administrative Law is a doctrinal subject developed through case law, and the approach to the module will be based on an analysis of the development of that case law and the policies underlying it. The ability to apply the law to complex hypothetical problems is a key module outcome. Alongside the doctrinal account, there will be a heavy emphasis on problem solving. Problem solving exercises will feature in the lectures, seminar programmes and in the mid-term assignment.

 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Co-requisite:
LAW41810 - Advanced Administrative Law 1

Incompatibles:
LAW30290 - Administrative Law: Remedies, LAW40910 - Public Law in Practice


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % 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

25

Examination: Closed book examination. 2 hour End of Trimester Exam No Standard conversion grade scale 40% No

75


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Group/class feedback, post-assessment

How will my Feedback be Delivered?

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.

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Spring
     
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
Spring