Diploma in The Common Law

Laws modules

Administrative law [2660008]

(a) The nature and scope of administrative law.
(b) The legal status and powers of administrative authorities; the Crown; ministers; civil service including executive agencies; local authorities; regulatory agencies; other public authorities, e.g. the National Health Service.
(c) Processes in public administration: legislation and delegated legislation; discretion; rule-making; policies; adjudication; consultation. Allocation of functions.
(d) Procedures and remedies of judicial review of administrative action under section 31 Supreme Court Act 1981 and RSC Order 53.
(e) The grounds upon which judicial review may be obtained including illegality, procedural impropriety, irrationality and legitimate expectation. Exclusion of judicial review.
(f) ‘Ombudsmen’: the Parliamentary Commissioner for Administration; the Health Service Commissioner; the Local Commissioners for Administration.
(g) Tribunals. The function, constitution and procedure of tribunals. The Council on Tribunals.
(h) Inquiries: the origin and function of inquiries; public local inquiries in relation to land-use control; other types of inquiries.
(i) Contract and tort liabilities and duties of public bodies. Estoppel. Restitution. Crown Proceedings Act 1947.
(j) The impact of ECHR case law on the development of English administrative law.
(k) The impact of EC general principles of law on English Administrative law, especially procedural fairness, legitimate expectations, proportionality and fundamental human rights.