Constitutional and Administrative Law

What this module covers

Every section of Constitutional and Administrative Law, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.

1. Nature and Sources of the UK Constitution1 topic

   • An uncodified, unentrenched constitution
2. Parliamentary Sovereignty3 topics

   • The three limbs of sovereignty
   • No power to strike down an Act
   • Sovereignty during European Union membership
3. The Rule of Law1 topic

   • Core requirements of the rule of law
4. The Separation of Powers1 topic

   • The three branches of the state
5. Constitutional Conventions4 topics

   • The nature and force of conventions
   • Collective ministerial responsibility
   • Individual ministerial responsibility
   • The agreement to differ
6. The Crown and the Monarch2 topics

   • A constitutional monarchy in practice
   • The right to consult, encourage and warn
7. Parliament: House of Commons and the Legislative Process7 topics

   • Composition of the two Houses
   • The stages of a public Bill
   • Henry VIII powers to amend an Act
   • Pepper v Hart and parliamentary privilege
   • Negative and affirmative resolution procedures
   • The Speaker and parliamentary questions
   • Select committees and holding government to account
8. Parliament: The House of Lords (2026 Composition)1 topic

   • Composition of the House of Lords in 2026
9. The Executive3 topics

   • Structure of the executive
   • The Carltona doctrine
   • The Privy Council and its Judicial Committee
10. The Judiciary and the Supreme Court1 topic

    • The role of the judiciary and the Supreme Court
11. The Royal Prerogative6 topics

    • Nature of the prerogative
    • Where statute and prerogative overlap
    • Justiciability of prerogative powers
    • Miller and notice under Article 50
    • Treaty ratification and parliamentary scrutiny
    • War powers and the deployment convention
12. Devolution and the Union State4 topics

    • The asymmetric devolution framework
    • Permanence of the devolved institutions
    • References on legislative competence
    • Senedd Cymru reform and its 96 Members
13. Human Rights Act 1998: Convention Rights4 topics

    • Absolute, limited and qualified rights
    • The four-part proportionality test
    • Derogation in time of emergency
    • Non-derogable rights under Article 15
14. Human Rights Act 1998: ss.2, 3, 4, 6, 7, 8 and 10 (Remedial Orders)7 topics

    • Section 2: European Court of Human Rights case law
    • Section 3: reading legislation compatibly
    • Section 4: declarations of incompatibility
    • Section 10: remedial orders
    • Section 6: acts of public authorities
    • Section 7: who counts as a victim
    • Section 8: just and appropriate remedies
15. Judicial Review: Amenability, Procedure, Standing and Time Limits6 topics

    • Which bodies are amenable to review
    • The permission stage and pre-action protocol
    • Time limits for a claim
    • Standing and sufficient interest
    • Ouster clauses
    • Disputes of fact and academic claims
16. Judicial Review: The Grounds9 topics

    • The three classic grounds
    • Illegality
    • Irrationality and Wednesbury unreasonableness
    • Procedural impropriety
    • Legitimate expectation
    • When a duty to consult arises
    • When reasons must be given
    • Mandatory and directory requirements
    • The public sector equality duty
17. Judicial Review: Remedies2 topics

    • Quashing, mandatory and prohibiting orders
    • Remedies are discretionary
18. EU and Retained/Assimilated Law After Brexit5 topics

    • The withdrawal framework and transition
    • Assimilated law after the 2023 reforms
    • Direct effect and supremacy in historic context
    • The principal European Union institutions
    • The single market and the four freedoms
19. Parliamentary Privilege2 topics

    • Freedom of speech under Article 9
    • Exclusive cognisance and the sub judice rule
20. Public Order Law9 topics

    • Advance notice of processions
    • Conditions on a procession
    • Prohibiting a procession
    • Conditions on a public assembly
    • Prohibiting trespassory assemblies
    • Breach of the peace at common law
    • Articles 10 and 11 and proportionality
    • Statutory examples of serious disruption
    • Power to stop and direct people away
21. Discrimination: ECHR Article 14 and Equality Act 20102 topics

    • Article 14 is not free-standing
    • The Equality Act 2010 in outline