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Constitutional and Administrative Law — Overview

Publications

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Journal Articles

2016

N. W. Barber, 'Why Entrench? ' (2016) 14 International Journal of Constitutional Law (forthcoming)

2015

N. W. Barber, 'Constitutionalism: Negative and Positive' (2015) 38 Dublin University Law Journal (forthcoming)

S Douglas-Scott, 'A UK exit from the EU: the end of the United Kingdom or a new constitutional dawn?' (2015) Cambridge Journal of International and Comparative Law

E Fisher, Pasky Pascual and Wendy Wagner, 'Rethinking Judicial Review of Expert Agencies' (2015) 93 Texas Law Review 1681 [...]

The role of generalist courts in reviewing the work of expert agencies is generally portrayed as either an institutional necessity on the one hand or a Pandora's Box on the other. Courts are expected to ensure the accountability of agency actions through their legal oversight role, yet on matters of science policy they do not have the expertise of the agencies nor can they allow themselves to become amateur policymakers in the course of their review. Given these challenges, we set out to better understand what courts are doing in their review of agency science. We conducted a qualitative examination of the courts' review of challenges to agency scientific choices in the entire set of the Environmental Protection Agency's (EPA's) National Ambient Air Quality Standards (NAAQS). Our study revealed an increasingly rigorous and substantive engagement in the courts' review of scientific challenges to the EPA's NAAQS over time that tracked the Agency's own progress in developing rigorous analytical approaches. Our findings, albeit preliminary, suggest the emergence of a constructive partnership between the courts and agencies in science policy in NAAQS cases. In overseeing scientific challenges, the courts appear to serve as a necessary irritant, encouraging the agency to develop much stronger administrative governance and deliberative decisions on complex science-policy issues. Conversely, in developing stronger decision-making processes, the resulting agency efforts have a reciprocal, positive impact on the courts' own standards for review. The courts and agencies thus appear to work symbiotically through their mutual efforts on the establishment of rigorous analytical yardsticks to guide the decision process. While our findings may be limited to the NAAQS, which likely present a best case in administrative process, the findings may still offer a grounded, normative model for imagining a constructive and even vital role for generalist courts in technically complex areas of social decision making.


ISBN: 0040-4411

E Fisher, '‘Jurisdictional’ Facts and ‘Hot’ Facts: Legal Formalism, Legal Pluralism, and the Nature of Australian Administrative Law' (2015) 38 Melbourne University Law Review 968 [...]

This article is a study of the interrelationship between two intellectual impulses in Australian administrative law — legal formalism and legal pluralism. It concerns the operation of jurisdictional fact review in planning and environmental cases, focusing on the line of case law that led to the High Court decision in Corporation of the City of Enfield v Development Assessment Commission (2000). The analysis shows that these two intellectual impulses are closely entwined in doctrine, but each operates on a different basis of what a ‘fact’ is. Facts from a legal formalist perspective are understood as objective and hard-edged while from a legal pluralist perspective they are more likely to be conceptualised as contested and uncertain.


2014

P P Craig, 'Constitutionalizing Constitutional Law: HS2' (2014) Public Law 373

J Rowbottom, 'In the Shadow of Big Media: Freedom of Expression, Participation and the Production of Knowledge Online ' [2014] Public Law (forthcoming)

2013

P P Craig, 'The Nature of Reasonableness Review' (2013) Current Legal Problems 1

A C L Davies, 'This Time, it’s for Real: the Health And Social Care Act 2012' (2013) 76 Modern Law Review 564 [...]

This article examines the Health and Social Care Act 2012 and associated reforms to the National Health Service in England. It focuses on the Act’s policy of making the NHS market more ‘real’, by both encouraging and compelling NHS bodies to act as ‘market players’. The article considers whether the reforms are compatible with the constitutional requirements of accountability for the provision of a public service such as the NHS. I argue that the reforms threaten accountability for three reasons: they make the Secretary of State for Health’s relationship with the NHS more complex, they create opaque networks of non-statutory bodies which may influence NHS decision-making, and (especially in relation to competition) they ‘juridify’ policy choices as matters of law. Taken together, these arguments suggest that there is force in the claim that the reforms will contribute to ‘creeping’ – and thus unaccountable - privatisation of the NHS.


ISBN: 0026-7961

Sidney Shapiro and E Fisher, 'Chevron and the Legitmacy of Public Administration' (2013) 22 William and Mary Bill of Rights Law Journal 465

T Khaitan, ''Constitution' as a Statutory Term' (2013) 129 Law Quarterly Review 589 [...]

There are at least fifteen statutes which use the term 'constitution' or its cognates to refer to the constitution of the United Kingdom (or that of England or Scotland, before the political union of these countries). Of these fifteen pieces of legislation, two date back to the 17th century, one was enacted in the 18th century, another in the 19th century, and one more between 1900 and 1995. In the seventeen years since 1996, at least ten statutes making explicit references to the British constitution have entered the statute books. In this article, I categorise these statutory references to the British constitution, and point to some important legal and constitutional implications of such references.


ISBN: 0023-933X

J Rowbottom, 'Deliberation and Mass Media Communication in Election Campaigns' (2013) 12 Election Law Journal 435

J Rowbottom, 'Politicians, the Press and Lobbying' (2013) 5 Journal of Media Law

2012

N. W. Barber, 'The Separation of Powers in the British Constitution ' (2012) Law: The Journal of the Higher School of Economics 3

Sidney Shapiro, E Fisher and Wendy Wagner, 'The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy' (2012) Wake Forest Law Review 463

A Kavanagh, 'The Irish Constitution at 75 Years: Natural Law, Christian Values and the Ideal of Justice' (2012) 48 Irish Jurist 71

A L Young, 'The Rule of Law in the United Kingdom: Formal or Substantive?' (2012) 6 International Constitutional Law 259

2011

N. W. Barber, 'The Afterlife of Parliamentary Sovereignty' (2011) 9 International Journal of Constitutional Law 144

P P Craig, 'Political Constitutionalism and the Judicial Role: A Response' (2011) 9 International Journal of Constitutional Law 112

J M Finnis, 'Invoking the Principle of Legality against the Rule of Law' (2011) New Zealand Law Review [2010] 601-616 601 [...]

Critique of Lords' decision in Purdy and of the prosecutorial guidelines issued in conformity with that decision.


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, 'Perspectives on Process: Common Law, Statutory and Political' (2010) Public Law 275

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.


2007

P P Craig, 'Equality, Review and the Crown’s Power to Disburse Funds' (2007) 19 European Review of Public Law 845

A C L Davies, 'A tangled web? Accountability and the commissioning role in the "new" NHS' (2007) 18 King's Law Journal 387 [...]

Article analysing recent reforms in the primary care sector in the NHS from a public law perspective.


ISBN: 0961-5768

J M Finnis, 'Nationality, Alienage and Constitutional Principle' (2007) 123 Law Quarterly Review 418 [...]

After brief discussion of (1) the nature of constitutional principles and (2) the development and developed state of the law about the rights of aliens, the article argues extensively that A v Home Secretary [2004] UKHL 56, [2005] 2 AC 68 was wrongly decided and, indeed, per incuriam since all nine judges in the Lords overlooked their duty to interpet the statutory provision so far as possible as compatible with the Human Rights Act 1998 before declaring it incompatible.Even apart from that duty under HRA s. 3, there was available but unconsidered a reasonable interpretation such that the power to detain alien terrorist suspects had as its ongoing precondition a purpose, manifested in bona fide efforts, to deport them and to secure whatever arrangements with foreign governments might be necessary to make deportation lawful under the Chahal doctrine about real risk of torture or degrading treatment.The judgments all overlook also the constitutional principle that risk to the public good which must be accepted from the presence of a national need not be accepted from the presence of an alien and may be obviated by the alien's exclusion or expulsion.The majority's arguments from irrationality and discrimination are manifestly unsound once the statute is interpreted as it should have been.


R Williams, 'When is an Error not an Error? Reform of Jurisdictional Review of Error of Law and Fact' [2007] 2007(Winter) Public Law 793

2006

A C L Davies, 'Le droit anglais face aux contrats administratifs: en l'absence de principes generaux garantissant l'interet public, une maison sans fondation?' (2006) 22(5) Revue Francaise de Droit Administratif 1039 [...]

Discussion of some of the problems with the English law of government contracts, for a French audience.


ISBN: 0763-1219

2004

A C L Davies, 'Foundation Hospitals: A New Approach to Accountability and Autonomy in the Delivery of Public Services?' [2004] Public Law 808 [...]

Questions whether the government's proposals to create NHS Foundation Trusts will succeed in their aim of giving hospitals greater autonomy from Department of Health control.


ISBN: 0033-3565

2002

R Williams and Professor Christopher F. Forsyth, 'Closing Chapter in the Immigrant Children Saga: Substantive Legitimate Expectations and Administrative Justice in Hong Kong' (2002) 10 Asia Pacific Law Review 29 [...]

Article discussing the closing stages of a series of judgments given by the Court of Final Appeal in Hong Kong concerning the interpretation of Article 24 of the Basic Law on the right of residence in Hong Kong. The piece argues that the Hong Kong executive, Legal Aid Board and Court system all found the technique of informal communication useful in managing claims for residence, but that the usefulness of this technique on future occasions is dependent on full protection being given to the expectations it creates so that trust in the administration can be maintained. The article also discusses some of the general background theory and doctrine concerning legitimate expectations in administrative law more generally and argues that although the courts are often concerned with the numbers of people claiming legitimate expectations, in fact there may be more subtle issues to consider such as whether the class of persons is finite and identifiable.


ISBN: 1019-2557

Books

2015

TAO Endicott, Administrative Law (3rd edn, OUP 2015)

2008

P P Craig, Administrative Law (6th edn, Sweet & Maxwell 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

2015

S Fredman, 'From Dialogue to Deliberation: Human Rights Adjudication and Prisoners’ Rights to Vote' in M. Hunt; H. Hooper; P Yowell. (ed), Parliaments and Human Rights (Bloomsbury 2015) [...]

The chapter begins by evaluating dialogic theories of human rights adjudication. It then sets out a deliberative alternative and sketches its application in a human rights context. I call this a ‘bounded deliberative’ approach. The third section applies these principles to prisoners’ voting rights cases, comparing the approach of the South African Constitutional Court with that of the European Court of Human Rights.


ISBN: 9781849465618

A L Young, 'Lord Hoffmann and Public Law: TV Dinner or Dining at the Savoy?' in Paul S Davies and Justine Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015) [...]

The Chapter examines Lord Hoffmann's contribution to public law, arguing that his main contribution was the way in which he approached public law purposively and specifically, as opposed to applying axiomatic and general rules. The chapter then evalutes this approach to public law, arguing that, although generally this is a favourable approach for public law, this may be problematic when applied to key constitutional foundational priniciples of public law.


ISBN: 9781849465915

2014

E Fisher, 'Exploring the Legal Architecture of Transparency' in P Ala'i and R Vaughn (eds), Research Handbook on Transparency (Edward Elgar 2014)

2013

P P Craig, 'Accountability and Judicial Review in the UK and EU: Central Precepts' in N Bamforth and P Leyland (eds), Accountability in the Contemporary Constitution ( 2013)

P P Craig, 'The United Kingdom, the European Union and Sovereignty' in R Rawlings, P Leyland and A Young (eds), Sovereignty and the Law, Domestic, European and International Perspectives ( 2013)

A C L Davies, 'Beyond New Public Management: Problems of Accountability in the Modern Administrative State' in N Bamforth and P Leyland (eds), Accountability in the Contemporary Constitution (OUP 2013)

D J Galligan, 'Discretion Revisited: From Autonomy to Sound Judgement' in A. Ruiz Ojeda (ed), To be settled (to be entered 2013) (forthcoming) [...]

A reassessment of the concept of discretion in the regulatory context, the argument being that discretion as autonomy has to be modified by discretion in its original meaning as sound judgement.


2011

P P Craig, 'Britain in the European Union' in J Jowell and D Oliver (eds), The Changing Constitution (Oxford University Press 2011)

P P Craig, 'Legitimacy in Administrative Law: European Union' in M Ruffert (ed), Legitimacy in European Administrative Law: Reform and Reconstruction (Europa Law Publishing 2011)

P P Craig, 'Shared Administration and Networks: Global and EU Perspectives' in G Anthony, J-B Auby, J Morison and T Zwart (eds), Values in Global Administrative Law, Essays in Honour of Spyridon Flogaitis and Gerard Timsit (Hart Publishing 2011)

Sophie Boyron and A C L Davies, 'Accountability and Public Contracts' in Rozen Noguellou and Ulrich Stelkens (eds), Treatise on the Comparative Law of Public Contracts (Bruylant 2011)

J M Finnis, 'Invoking the Principle of Legality against the Rule of Law' in Richard Ekins (ed), Modern Challenges to the Rule of Law (LexisNexis, Wellington 2011) [...]

Critique of Lords decision in Purdy and discussion of the Director Public Prosecutions guidelines on prosecution for assisting suicide


A L Young, 'Precedent' in Hoffman (ed), The Impact of the UK Human Rights Act on Private Law (Cambridge University Press 2011) [...]

The chapter explains and evaluates the different ways in which courts are bound to follow decisions of the ECtHR. It evaluates the role of section 2(1) HRA 1998, as well as analysing the extent to which courts should follow decisions of the ECtHR as opposed to a binding precedent from a concurrent or higher court.


ISBN: 9781107009325

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)

P P Craig, 'Sovereignty and the EU: The UK Perspective and Primacy Clauses' in L Tichy and T Dumbrovsky (eds), Sovereignty and Integration, Paradoxes and Development within Europe Today (Centre for Comparative Law, Law Faculty of Charles University in Prague 2010)

P P Craig, 'Specific Powers of Public Contractors' in R Noguellou and U Stelkens (eds), Comparative Law on Public Contracts (Bruylant 2010)

2009

P P Craig, 'Access to Mechanisms of Administrative Law' in D Feldman (ed), English Public Law (Oxford University Press 2009)

P P Craig, 'Administrative Law' in L Blom-Cooper, B Dickson and G Drewry (eds), The Judicial House of Lords 1876-2009 (Oxford University Press 2009)

P P Craig, 'Fundamental Principles of Administrative Law' in D Feldman (ed), English Public Law (Oxford University Press 2009)

P P Craig, 'Grounds for Judicial Review: Substantive Control over Discretion' in D Feldman (ed), English Public Law (Oxford University Press 2009)

P P Craig, 'Substance and Procedure in Judicial Review' in M Andenas and D Fairgrieve (eds), Tom Bingham and the Transformation of the Law, A Liber Amicorum ( 2009)

2008

P P Craig, 'Fundamental Rights' in P Moser and K Sawyer (eds), Making Community Law, The Legacy of Advocate General Jacobs at the European Court of Justice (Edward Elgar 2008)

P P Craig, 'Multilevel Governance and Accountability in the EU' in P Pavlopoulos and S Flogaitis (eds), Multilevel Governance and Administrative Reform in the 21st Century (Nomos 2008)

P P Craig, 'The Administrative System and Administrative Law Principle in the UK' in HH Trute, T Grob, HC Rohl, C Mollers (eds), Allgemeines Verwaltungsrecht – zur Tragfahigkeit eines Konzepts ( 2008)

2006

A C L Davies, 'English Law’s Treatment of Government Contracts: The Problem of Wider Public Interests' in J.-B. Auby and M. Freedland (eds), The Public Law/Private Law Divide: une entente assez cordiale? (Hart Publishing 2006) [...]

Discussion of some of the ultra vires problems surrounding government contracts.


ISBN: 1-84113-635-2

2003

J M Finnis, 'Commonwealth and Dependencies' in Halsbury's Laws of England, 4th edn. (Lexis Nexis UK 2003) [...]

Title in Halsbury's Laws of England, vol. 6 reissue.


ISBN: 406961662

Edited books

2016

N. W. Barber and others (eds), Lord Sumption and the Limits of the Law (Hart Publishing 2016) (forthcoming)

2008

D J Galligan (ed), Judicial Review of Administrative Action in English Law (Giuffre' 2008)

Internet Publications

2015

N. W. Barber, 'Constitutionalism: Negative and Positive ' (2015) Oxford Legal Studies Research paper

S Douglas-Scott and Dr Eve Hepburn, 'The permanence issue: symbolism or power' (2015) Written Evidence to the Scottish Parliament on the Scotland clauses

S Douglas-Scott, 'Would the United Kingdom survive an exit from the EU?' (2015)

2014

T Adams, 'Wade's Factortame' (2014) United Kingdom Constitutional Law Blog

N. W. Barber, 'After the Vote: If Scotland Votes Yes' (2014) United Kingdom Constitutional Law Blog

N. W. Barber, 'After the Vote: Regulating Future Independence Referendums ' (2014) United Kingdom Constitutional Law Blog

N. W. Barber, 'After the Vote: The Citizenship Question ' (2014) United Kingdom Constitutional Law Blog

S Douglas-Scott, 'British Withdrawal from the EU: an Existential Threat to the United Kingdom?' (2014) Scottish Constitutional Futures, UK Constitutional Law Blog

S Douglas-Scott, 'The Smith Commision Report and the Constitution' (2014) Democratic Audit

2013

T Adams, 'Royal Consent and Hidden Power' (2013) United Kingdom Constitutional Law Blog

2012

T Adams, 'Lord Sumption and Judicial Responsibility' (2012) United Kingdom Constitutional Law Blog

N. W. Barber, 'The Separation of Powers and the British Constitution' (2012) Oxford Legal Studies Research Paper

2010

P P Craig and others, 'England and Wales' (2010) 338

2009

J M Finnis, 'The Lords’ Eerie Swansong: A Note on R (Purdy) v Director of Public Prosecutions' (2009) Oxford Legal Studies Research Paper 31/2009

2008

J M Finnis, 'Common Law Constraints: Whose Common Good Counts?' (2008) Oxford Legal Studies Research Paper 10/2008 [...]

Examines the history and meaning of the Colonial Laws Validity Act 1865 as it bears on the issues in Bancoult (No.2); critiques the constitutional theory deployed in Quark Fishing.


Case Notes

2015

T Khaitan, 'Koushal v Naz: Judges Vote to Recriminalise Homosexuality' (2015) 78 Modern Law Review 672 [...]

In Koushal v Naz the Indian Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 of the Indian Penal Code criminalising 'carnal intercourse against the order of nature‘. In doing so, it has rebranded gay and transgendered Indians as criminals. This case note explores some of the structural problems that led to this judgment. The first problem is the transformation of the Indian Supreme Court into a populist, quasi-legislative, institution that sees itself as a tool of governance. This has put significant pressure on its counter-majoritarian role. The second relates to the sheer size of the Court's docket (given its wide jurisdiction and lax standing rules), coupled with the Indian legal academy's inability and unwillingness to continuously demand judicial fidelity to the law. These factors have led to the normalisation of unreasoned or poorly-reasoned judgments and a breakdown of stare decisis.


2014

P Eleftheriadis, ''High Speed Constitutional Reconstruction'' (2014) Solicitors Journal [...]

The HS2 ruling will restart debates about the fundamental principles of public law. The hierarchy between deeper constitutional principles and ordinary laws is now part of the constitution.


2013

J Rowbottom, 'Animal Defenders International: speech, spending, and a change of direction in Strasbourg' (2013) 5 Journal of Media Law 1

2010

A Johnston and E. Nanopoulos, 'The New UK Supreme Court, the Separation of Powers and Anti-Terrorism Measures' (2010) Cambridge Law Journal 218

2004

A Johnston, 'Putting the Cart Before the Horse? Privacy and the Wainwrights' (2004) Cambridge Law Journal 15

Reviews

2015

T Khaitan and F Ahmed, 'Constitutional Avoidance in Social Rights Adjudication' (2015) Oxford Journal of Legal Studies (forthcoming) [...]

In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. We argue that while King’s prescriptions are justified, he is too cautious about the applicability of his incrementalist prescriptions to legal systems that suffer systemic administrative inefficiencies. Using the Indian experience as a case study, we show that such caution is misplaced, and that at least one of King’s incrementalist strategies, constitutional avoidance, has particular salience for such jurisdictions.


2011

N. W. Barber, 'Review of The New Separation of Powers' [2011] Public Law 428

2006

A L Young, 'Democracy through law' [2006] Public Law 873 [...]

Book review of Johan Steyn, Democracy through Law.


ISBN: 0033-3565

2003

A Johnston, 'Review of: Danny Nicol, EC Membership and the Judicialization of British Politics' (2003) 40 Common Market Law Review 525

2002

A Johnston, 'Review of: Diana Woodhouse, The Office of the Lord Chancellor' (2002) Cambridge Law Journal 715

Reports

2014

S Douglas-Scott, 'House of Commons European Scrutiny Committee The application of the EU Charter of Fundamental Rights in the UK: a state of confusion contribution of oral and written evidence Forty-third Report of Session 2013–14' (2014)

2011

D J Galligan and Z. H. Zafirov, 'Discretionary Powers in Macedonia' (OSCE (Organizatioin for Security and Cooperation in Europe) 1 2011)

Courses

The courses we offer in this field are:

Undergraduate

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.

Administrative Law

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.

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.

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 precise pattern of tutorial teaching varies from college to college. Lectures are given in Michaelmas and Hilary Terms on most aspects of the course.

 

Diploma in Legal Studies

Administrative Law

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.

Postgraduate

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

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.


People

Constitutional and Administrative Law teaching is organized by a Subject Group convened by:

Paul Craig: Professor of English Law

in conjunction with:

Thomas Adams: Stipendiary Lecturer in Law
Roderick Bagshaw: Associate Professor of Law
Nicholas Bamforth: CUF in Law
Nicholas Barber: Associate Professor of Constitutional Law
Eirik Bjorge: Shaw Foundation Junior Research Fellow
Meghan Campbell: Weston Junior Research Fellow, New College
Cathryn Costello: Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law
Anne Davies: Professor of Law and Public Policy
Stephen Dimelow: Stipendiary Lecturer in Law
Andrea Dolcetti: Non-Stipendiary Lecturer in Law
Sionaidh Douglas-Scott: Professor of European and Human Rights Law
Richard Ekins: Associate Professor of Law; Tutorial Fellow
Pavlos Eleftheriadis: Associate Professor of Law
Timothy Endicott: Dean of the Faculty and Professor of Legal Philosophy
John Finnis: Emeritus Emeritus Professor
Liz Fisher: Professor of Environmental Law
Denis Galligan: Professor of Socio-Legal Studies
Barbara Havelkova: Shaw Foundation Fellow in Law
Hayley Hooper:
Aileen Kavanagh: Associate Professor of Law
Tarunabh Khaitan: Associate Professor of Law
Liora Lazarus: Associate Professor of Law
Andrew McLeod: Research Fellow
Arghya Sengupta: Stipendiary Lecturer in Administrative Law
Benjamin Spagnolo: Penningtons Student (Fellow) and Tutor in Law
Rachel Taylor: Associate Professor of Law
Josephine Van Zeben: Fellow and Tutor in EU and Public Law
Rebecca Williams: Associate Professor of Law
Jack Williams: College Lecturer in Law
Alison Young: Associate Professor of Law

Also working in this field, but not involved in its teaching programme:

Sandra Fredman: Rhodes Professor of the Laws of the British Commonwealth and the United States
Edwin Simpson: Associate Professor of Law

Graduate students working in this field:

David Heaton: MPhil Law student
Matthew Kruger: MPhil Law student
Voraphol Malsukhum: DPhil Law student
Ewan Smith: DPhil Law student
Helen Taylor: DPhil Law student


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