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Curricular information is subject to change
On successful completion of this course students should be able to: demonstrate a detailed knowledge of the legal doctrine in Ireland and England relating to legitimate expectations, factual error, proportionality, bias, fair procedures, error of law, unlawful delegation, bias, and abuse of public power. Students should also be able to apply the law relating to the grounds of review of administrative action to a complex hypothetical problem.
Topic one. Weeks one and two. Bias (The categories of bias, including financial bias and political bias; the tests for determining bias; waiver of bias; the ‘one-biased- member-infects all’ principle; the disclosure principle). Topic two. Weeks three to four. Fair procedures (The contents of fair procedures: oral hearing; compliance with the rules of civil evidence; cross-examination and hearsay; legal representation; public hearing; paid legal representation; reasons for administrative action; access to documentation; standards of proof; disposal of proceedings within a reasonable time; double jeopardy. The impact of Article 6 of the European Convention for the Protection of Human Rights). Topic three. Weeks five and six. The doctrine of legitimate expectation:
(Sources of legitimate expectation; the conditions to establishing a prima facie enforceable expectation; the conditions to reversal of a legitimate expectation; legitimate expectation and illegal representations). Topic four. Week seven. ( The proportionality doctrine: The structure and intensity of proportionality review). Topic five. Week nine. Review of factual error: (The general rule against review of factual error. The exceptions: the condition precedent doctrine; error of fact; unreasonable evaluation; fair procedures and evidential determinations; the Bugdaycay ‘anxious scrutiny’ principle). Topic six. Week ten. The rule against delegation. (The rule against constructive delegation. The Carltona doctrine). Topic seven. Week ten. Error of law. Topic eight. Week eleven. The abuse of public power (Unreasonableness; bad faith; inconsistency; the irrelevant considerations doctrine and the problem of duality of motive; the rule against fettering).
|Student Effort Type||Hours|
|Autonomous Student Learning||
|Seminar (or Webinar)||
Not applicable to this module.
|Description||Timing||Component Scale||% of Final Grade|
|Examination: Two hour examination made up of two parts: Part A (problem question) and Part B (essay type section).||2 hour End of Trimester Exam||No||Standard conversion grade scale 40%||No||
|Resit In||Terminal Exam|
|Spring||Yes - 2 Hour|
• Group/class feedback, post-assessment
Individual feedback is offered for the assignment. General feedback on the examination will be circulated in a document setting out the nature of the material which the examiners expected to be present in the answers, and identifying common errors and misunderstanding.
|Dr Sahar Ahmed||Lecturer / Co-Lecturer|