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Semester 2

Current Issues in Administrative Justice (LAWS10193)

Subject

Law

College

CAHSS

Credits

20

Normal Year Taken

3

Delivery Session Year

2023/2024

Pre-requisites

Visiting students must have completed 3 Law courses at grade B or above, including a course equivalent to Public Law of the UK & Scotland (LAWS08123). We will only consider University/College level courses. This course is only open to visiting students who are nominated to study with us on a Law exchange agreement. Exchange students outside of Law and study abroad students are not eligible to enrol on this course before teaching begins, with no exceptions, and spaces cannot be guaranteed to those students at any time. **Please see Additional Restrictions**

Course Summary

This course aims to provide you with an advanced knowledge and critical understanding of administrative justice, so as to build on the treatment of this subject at ordinary level PLAIR and PLUS. The central aim of the course is to identify the various mechanisms that can ensure that government and public authorities remain accountable for their decisions and actions. To this end, you will examine the scope and functioning of administrative justice within its constitutional context; the 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.

Course Description

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. **The outline content of the course is as follows: 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 Discussions.

Assessment Information

Written Exam 0%, Coursework 100%, Practical Exam 0%

Additional Restrictions

This course cannot be taken alongside Public Law of the UK & Scotland (LAWS08123). **All 3rd year Law courses are ONLY open to visiting students nominated on an exchange agreement within the School of Law (including Erasmus students on a Law-specific exchange). Exchange students outside of Law, and independent study abroad students, are not eligible to enrol in these courses, with no exceptions.** Please note that 3rd year Law courses are high-demand, meaning that they have a very high number of students wishing to enrol in a very limited number of spaces. These enrolments are managed strictly by the CAHSS Visiting Student Office, in line with the quotas allocated by the department, and all enquiries to enrol in these courses must be made through the CAHSS Visiting Student Office. It is not appropriate for students to contact the Law School directly to request additional spaces. If there is sufficient space for other visiting students to enrol at the start of the semester (which cannot be guaranteed at all), visiting students must meet the pre-requisites listed above.

view the timetable and further details for this course