Constitutional and Administrative Law — Overview
Forthcoming Subject Events
May 2013
Thursday 30 May 2013 Week 6
- Public Law Discussion Group
Independent Reviewers of Anti-Terrorism Laws as Effective Oversight Mechanisms: Australia and the UK Compared - Speaker: Jessie Blackbourn, Postdoctoral Research Fellow, UNSW
Oxford Law Faculty Senior Common Room at 12:30
June 2013
Tuesday 4 June Week 7
- Public Law Discussion Group
The Coherence of the Doctrine of Legitimate Expectations - Speaker: Dr Farrah Ahmed and Dr Adam Perry, Melbourne Law School and University of Aberdeen, School of Law, respectively
Oxford Law Faculty Senior Common Room at 12:30
Publications
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Showing key publications in this field, as selected by the author
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Show All 65 | Recent publications
Journal Articles
2014
T Khaitan, 'The constitution as a statutory term' (2014) Law Quarterly Review (forthcoming)
2011
N. W. Barber, 'The Afterlife of Parliamentary Sovereignty' (2011) 9 International Journal of Constitutional Law 144
A L Young, 'Is Dialogue Working under the Human Rights Act 1998?' [2011] Public Law 773
A L Young, 'Sovereignty: Demise, Afterlife or Partial Resurrection?' (2011) 9 International Journal of Constitutional law 163 [...]
DOI: 10.1093/icon/mor028
This article is a response to the contributions of Nick Barber and Trevor Allan found in this volume. It argues that an analysis of “sovereignty” does serve a useful purpose in U.K. constitutional law. More specifically, it argues that discussions of “sovereignty” should also include an analysis of constitutive rules, particularly aiming to understand which institutions are “sovereign” in the sense of having the power to define and modify these constitutive rules. When analysed in this manner, an argument can be made that Dicey's traditional theory that Parliament cannot bind its successors is still a valid rule of the English legal system. In addition, this rule is desirable. Its presence is necessary, although not sufficient, to ensure that both Parliament and the courts have a rule in defining and modifying constitutive rules. This dual role is desirable as it helps to maintain the legitimacy of the U.K.’s “political” constitution.
2010
N. W. Barber, 'Two Meditations on the Thoughts of Many Minds ' (2010) 88 Texas Law Review 807
P P Craig, 'Proportionality, Rationality and Review ' (2010) New Zealand Law Review 265
E Fisher, 'Transparency and Administrative Law: A Critical Evaluation' (2010) 63 Current Legal Problems 272
A L Young, 'Deference, Dialogue and the Search for Legitimacy' (2010) Oxford Journal of Legal Studies 815 [...]
DOI: 10.1093/ojls/gqq028
This review article discusses the relationship between deference and the presumption of constitutionality, as discussed in Brian Foley’s book, Deference and the Presumption of Constitutionality. Foley argues for the rejection of the presumption of constitutionality as it operates in the Irish Constitution, proposing instead a ‘due deference’ approach. This approach would require courts to give varying degrees of weight to the legislature’s conclusions that particular legislative provisions are constitutional. The article praises Foley’s book, particularly its stronger justification of due deference which focuses on its ability to foster a culture of justification which, in turn, facilitates popular sovereignty. The review also provides a criticism of the argument made in the book and discusses its application to the UK constitution. First, the review argues that the focus on constitutional as opposed to institutional factors to determine deference may, in practice, undermine Foley’s justification of due deference. Second it argues that Foley’s justification of deference may be best served in the UK constitution by a theory of democratic dialogue as opposed to the application of due deference.
2009
A L Young, 'In Defence of Due Deference' (2009) 72 Modern Law Review 554 [...]
The doctrine of deference permeates human rights review. It plays a role in de¢ning Convention rights, in determining the nature of the proportionality test applied when analysing non-absolute rights, as well as in deciding the stringency of its application. The role of deference has recently been subjected to both judicial and academic criticism, some of which advocates the demise of the doctrine. This article develops a contextual account of deference that is justi¢ed for epistemic reasons, rather than reasons of relative authority. This conception is able to withstand current criticism and ismodest enough to play a role in a range of di¡erent justi¢cations and understandings of judicial review under theHuman Rights Act.The article then provides amore detailed account of deference, taking account of the relative institutional features of the legislature, executive and judiciary, without running the risk that the court fails to performits constitutional function of protecting individual rights.
Books
2011
TAO Endicott, Administrative Law (2nd edn, OUP 2011)
2010
D Erdos, Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World (Oxford University Press 2010) [...]
Delegating Rights Protection explores bill-of-rights outcomes in four "Westminster" countries - Australia, Canada, New Zealand, and the United Kingdom - whose development exhibit an interesting combination of both commonality and difference. Comparative analysis of some thirty-six democracies demonstrates that the historic absence of a bill of rights in Westminster countries is best explained by, firstly, the absence of a clear political transition and, secondly, their strong British constitutional heritage. Detailed chapters then explore recent and much more diversified developments. In all the countries, postmaterialist socio-economic change has resulted in a growing emphasis on legal formalization, codified civil liberties, and social equality. Pressure for a bill of rights has therefore increased. Nevertheless, by enhancing judicial power, bills of rights conflict with the prima facie positional interests of the political elite. Given this, change in this area has also required a political trigger which provides an immediate rationale for change. Alongside social forces, the nature of this trigger determines the strength and substance of the bill of rights enacted. The statutory Canadian Bill of Rights Act (1960), New Zealand Bill of Rights Act (1990), and the Human Rights Act (UK) (1998) were prompted politically by a relatively weak and backward-looking 'aversive' reaction against perceived abuses of power under the previous administration. Meanwhile, the fully constitutional Canadian Charter (1982) had its political origins in a stronger, more self-interested and prospective need to find a new unifying institution to counter the destabilizing, centripetal power of the Québécois nationalist movement. Finally, the absence of any relevant political trigger explains the failure of national bill of rights initiatives in Australia. The conclusionary section of the book argues that this Postmaterialist Trigger Thesis (PTT) explanation of change can also explain the origins of bills of rights in other internally stable, advanced democracies, notably the Israeli Basic Laws on human rights (1992).
ISBN: 9780199557769
2008
A C L Davies, The Public Law of Government Contracts (Oxford University Press 2008) [...]
This book analyses the law relating to government contracts from a public law perspective.
ISBN: 978-0-19-928739-0
Chapters
2010
P P Craig, 'Political Constitutionalism and Judicial Review' in C Forsyth, M Elliott, S Jhaveri, M Ramsden, A Scully-Hill (eds), Effective Judicial Review, A Cornerstone of Good Governance (Oxford University Press 2010)
Courses
The courses we offer in this field are:
Undergraduate
Law Moderations (Phase I)
Law Moderations are preliminary examinations in Criminal Law, Constitutional Law, and Roman Law, taken at the end of the second term in the first year of the BA. Students must pass them in order to continue in the BA; the degree is awarded on the basis of the FHS Examinations.
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This course covers the law of the constitution, including the structure and basic principles of the British constitution, and the impact of European Community law on the constitution. It also provides an introduction to the protection of human rights in English law.
Constitutional Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a profession qualification in England and Wales.Students taking the BA in Jurisprudence (Course 1 and Course 2) take Constitutional Law as one of the three papers for Law Moderations and will in general cover eight topics in tutorials. Students taking the BA in Jurisprudence with Senior Status may choose to take Constitutional Law as an option in the Final Honour School and these students will in general cover seven topics in tutorials. The examination papers for both Law Moderations and the Final Honour School will consist of ten essay questions.
The precise pattern of tutorial teaching varies from college to college but the faculty expects that tutors will include the items listed in bold type in the Teaching Convention. Lectures are given in Michaelmas and Hilary Terms on most aspects of the course. Please see the core reading list for more detailed guidance as to the depth of knowledge required of the topics listed in the Teaching Convention.
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FHS (Phase II)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the third term of the first year, and all three terms of the second year.
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Administrative Law is concerned primarily with judicial control of the activities of the executive branch of government. The main topics covered are: (1) the grounds on which decisions and rules made by the executive can be challenged in the court - some of these relate to the substance of the decision or rule and others to the procedure by which it was made; (2) the remedies which can be obtained by applicants challenging administrative decisions; (3) the liability of public authorities in contract and tort.Some tutors also deal with tribunals, public local inquiries, next steps agencies, contracting out and public sector ombudsmen. Some of these topics are the subject of lectures, which also occasionally deal with more theoretical aspects of the subject. Administrative Law is now one of the compulsory standard subjects within the Final Honours School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. The subject is taught in tutorials arranged by your college tutor.
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FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
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Constitutional Law (Senior Status only)
This course covers the law of the constitution, including the structure and basic principles of the British constitution, and the impact of European Community law on the constitution. It also provides an introduction to the protection of human rights in English law.
Constitutional Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a profession qualification in England and Wales.Students taking the BA in Jurisprudence (Course 1 and Course 2) take Constitutional Law as one of the three papers for Law Moderations and will in general cover eight topics in tutorials. Students taking the BA in Jurisprudence with Senior Status may choose to take Constitutional Law as an option in the Final Honour School and these students will in general cover seven topics in tutorials. The examination papers for both Law Moderations and the Final Honour School will consist of ten essay questions.
The precise pattern of tutorial teaching varies from college to college but the faculty expects that tutors will include the items listed in bold type in the Teaching Convention. Lectures are given in Michaelmas and Hilary Terms on most aspects of the course. Please see the core reading list for more detailed guidance as to the depth of knowledge required of the topics listed in the Teaching Convention.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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Administrative Law is concerned primarily with judicial control of the activities of the executive branch of government. The main topics covered are: (1) the grounds on which decisions and rules made by the executive can be challenged in the court - some of these relate to the substance of the decision or rule and others to the procedure by which it was made; (2) the remedies which can be obtained by applicants challenging administrative decisions; (3) the liability of public authorities in contract and tort.Some tutors also deal with tribunals, public local inquiries, next steps agencies, contracting out and public sector ombudsmen. Some of these topics are the subject of lectures, which also occasionally deal with more theoretical aspects of the subject. Administrative Law is now one of the compulsory standard subjects within the Final Honours School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. The subject is taught in tutorials arranged by your college tutor.
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Constitutional Law (Senior Status only)
This course covers the law of the constitution, including the structure and basic principles of the British constitution, and the impact of European Community law on the constitution. It also provides an introduction to the protection of human rights in English law.
Constitutional Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a profession qualification in England and Wales.Students taking the BA in Jurisprudence (Course 1 and Course 2) take Constitutional Law as one of the three papers for Law Moderations and will in general cover eight topics in tutorials. Students taking the BA in Jurisprudence with Senior Status may choose to take Constitutional Law as an option in the Final Honour School and these students will in general cover seven topics in tutorials. The examination papers for both Law Moderations and the Final Honour School will consist of ten essay questions.
The precise pattern of tutorial teaching varies from college to college but the faculty expects that tutors will include the items listed in bold type in the Teaching Convention. Lectures are given in Michaelmas and Hilary Terms on most aspects of the course. Please see the core reading list for more detailed guidance as to the depth of knowledge required of the topics listed in the Teaching Convention.
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Postgraduate
MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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Administrative Law (also part of the BA course)
Administrative Law is concerned primarily with judicial control of the activities of the executive branch of government. The main topics covered are: (1) the grounds on which decisions and rules made by the executive can be challenged in the court - some of these relate to the substance of the decision or rule and others to the procedure by which it was made; (2) the remedies which can be obtained by applicants challenging administrative decisions; (3) the liability of public authorities in contract and tort.Some tutors also deal with tribunals, public local inquiries, next steps agencies, contracting out and public sector ombudsmen. Some of these topics are the subject of lectures, which also occasionally deal with more theoretical aspects of the subject. Administrative Law is now one of the compulsory standard subjects within the Final Honours School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. The subject is taught in tutorials arranged by your college tutor.
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This course covers the law of the constitution, including the structure and basic principles of the British constitution, and the impact of European Community law on the constitution. It also provides an introduction to the protection of human rights in English law.
Constitutional Law covers material in the “foundations of legal knowledge” and so must be taken by those seeking a profession qualification in England and Wales.Students taking the BA in Jurisprudence (Course 1 and Course 2) take Constitutional Law as one of the three papers for Law Moderations and will in general cover eight topics in tutorials. Students taking the BA in Jurisprudence with Senior Status may choose to take Constitutional Law as an option in the Final Honour School and these students will in general cover seven topics in tutorials. The examination papers for both Law Moderations and the Final Honour School will consist of ten essay questions.
The precise pattern of tutorial teaching varies from college to college but the faculty expects that tutors will include the items listed in bold type in the Teaching Convention. Lectures are given in Michaelmas and Hilary Terms on most aspects of the course. Please see the core reading list for more detailed guidance as to the depth of knowledge required of the topics listed in the Teaching Convention.
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People
Constitutional and Administrative Law teaching is organized by a Subject Group convened by:
Aileen Kavanagh: Reader in Law
in conjunction with:
Roderick Bagshaw: CUF Lecturer
Nicholas Bamforth: CUF Lecturer
Nicholas Barber: CUF Lecturer
Cathryn Costello: Fellow and Tutor in EU and Public Law
Paul Cowie: Stipendiary Lecturer in Law at St Hilda's College
Paul Craig: Professor of English Law
Anne Davies: Professor of Law and Public Policy
Sionaidh Douglas-Scott: Professor of European and Human Rights Law
Richard Ekins: CUF Lecturer
Pavlos Eleftheriadis: University Lecturer in Law
Timothy Endicott: Dean of the Faculty and Professor of Legal Philosophy
John Finnis: Professor
Liz Fisher: Reader in Environmental Law
Denis Galligan: Professor of Socio-Legal Studies
Hayley Hooper: DPhil Law
Tarunabh Khaitan: CUF Lecturer
Liora Lazarus: CUF Lecturer
Jeremias Prassl: Supernumerary Teaching Fellow in Law
Arghya Sengupta: Stipendiary Lecturer in Administrative Law
Rachel Taylor: Lecturer
Seshauna Wheatle: Stipendiary Lecturer in Law at Exeter College
Rebecca Williams: CUF Lecturer
Alison L Young: CUF Lecturer
assisted by:
Joel Harrison: DPhil Law student
Also working in this field, but not involved in its teaching programme:
David Erdos: Katzenbach Research Fellow & Leverhulme Trust Early Career Fellow
Sandra Fredman: Rhodes Professor of the Laws of the British Commonwealth and the United States
Paolo Ronchi: DPhil Law student
Edwin Simpson: CUF Lecturer
