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M010159
Created:
26/09/2012 15:37:15
Last updated:
26/09/2012 15:38:33
This list relates to the term 2012-13 which ended on 31/07/2013
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  1.  

    How to use the reading list

    Click on the title links. Then click on the web address or the DOI to be taken straight through to an electronic resource - if you are off campus you will have to log in using your network details.  If the resource is on Westlaw and you are off campus, you need to click on the Alternative Athens link to log in.

     

    Or, for print material, the Library availability section on the right will tell you where the item is in the Library and whether it is available.

    If you have any problems, contact your subject librarian at l.pimperton@lancaster.ac.uk or the Library enquiry desk on 01524 592516

     

  2. TEXTBOOKS 10 items
    1. Course textbooks 4 items
      There are a number of textbooks which are suitable for the course. It is suggested that you examine the various textbooks and decide upon one where you feel comfortable with the style and approach. Reading for each seminar will direct you to sections of the recommended textbooks. Essential reading for seminars will be highlighted on the seminar sheet. The following textbooks cover most of the course. You may wish to purchase one of these, but you must not confine your study to just any one of these texts. Be sure that you purchase the correct edition.
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended

    2. Other useful texts 4 items
      You will also be referred to other books on particular topics; of these, the following deserve a mention.
      1. Public law in a multi-layered constitution - Bamforth, Nicholas, Leyland, Peter 2003

        Book Recommended

      2. The Changing constitution - Jeffrey L. Jowell, Dawn Oliver 2011 (electronic resource)

        Book 

      3. The idea of public law - Loughlin, Martin 2004

        Book Recommended

      4. The executive and public law: power and accountability in comparative perspective - Craig, P. P., Tomkins, Adam 2006

        Book Recommended

    3. Other useful textbooks 2 items
      1. British government and the constitution: text and materials - Turpin, Colin, Tomkins, Adam 2012 (electronic resource)

        Book Recommended

      2. Public law - McEldowney, John F. 2002

        Book Recommended

  3. JOURNALS 4 items
    You will be expected to read articles in journals, both legal and non-legal. The seminar sheets will contain references to a number of articles that are useful for that particular seminar. However, it is recommended that students generally ‘browse’ a number of the key journals, such as those below.
    1. Public Law

      Journal Recommended

  4. NEWSPAPERS 1 item
    What the text books and journals do not contain is reference to ongoing events. Since Public Law is concerned with the British Government and the ongoing processes of Government in a constitutional context, you will find that the ‘quality’ press will contain news and articles that are often very relevant to the course. Many UK newspapers can be found through the database NEXIS, accessed via OneSearch.
  5. RADIO 2 items
    Fortunately for the study of Public Law there are a number of ‘current event’ radio programmes which you can listen to in order to help you keep abreast of current issues. Particular programme which are worth listening to are:
  6. TV 1 item
    Television also provides a rich source of information in respect of current constitutional issues.
  7. WEBSITES 6 items
    Students are strongly advised to be discerning when using the internet as a research tool. An essential criteria to any internet research is to consider whether the site you are visiting represents a valid source for the purposes of academic research at degree level. Accordingly, designated government sites (such as those listed below) are acceptable.
  8. SEMINAR 1 (Week 3) - CONSTITUTIONS: LEGAL, POLITICAL AND SOCIOLOGICAL PERSPECTIVES 29 items
    The aim of this seminar is to examine the nature and function of a constitution. It is proposed to introduce to you a topic which, from a traditional legal perspective represents a particular set of values, then challenge the fundamentality of these values against non-legal approaches, in particular, the political and the sociological. Accordingly, the essential reading for this seminar requires you to read both legal and non-legal materials. By examining these diverse approaches to the topic of constitutions/ constitutionalism it is hoped that you will acquire an understanding of constitutions and constitutionalism but also understand how to develop a critical and evaluative approach to the study of Constitutional Law, in particular and public law in general.
    1. Essential reading 9 items
      1. Leviathan - Hobbes, Thomas, Gaskin, J. C. A. 2008

        Book Essential Chapters XIV, XVII and XVIII (also available on VLE)

      2. Rousseau's Social contract: a conceptual analysis - Noone, John B. 1981

        Book Essential Book I, Chapters VI, VII and VIII; Book II (also available on VLE)

      3. Two treatises of government: and A letter concerning toleration - Locke, John, Shapiro, Ian, Locke, John 2003

        Book Essential 2nd Treatise, Chapter II (also available on VLE)

      4. General theory of law & state - Kelsen, Hans 2006

        Book Essential pp. 115-118 and 124-128 (also available on VLE)

      5. Lloyd's introduction to jurisprudence - Freeman, M.D.A., Lloyd of Hampstead, Dennis Lloyd 2008

        Book Essential pp. 316-318 (also available on VLE)

      6. The Foucault reader - Foucault, Michel, Rabinow, Paul 1991

        Book Essential pp. 14-23 (also available on VLE)

    2. Textbooks 4 items
      Read only one of the following
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended pp. 4-35

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended pp. 3-19 and 31-48

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended pp. 3-50, 65-66 and 80-86

      4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

        Book Recommended pp. 3-13 and 16-21

    3. Further reading 16 items
      1. The new British constitution - Bogdanor, Vernon 2009

        Book Optional

      2. The law and the constitution - Jennings, Ivor 1959

        Book Optional Chapter I, Sections 4 & 5

      3. Sword and scales: an examination of the relationship between law and politics - Loughlin, Martin 2000

        Book Optional pp. 161-196

      4. Public Law and Feminism - S Millns, N Whitty

        Chapter Optional

  9. SEMINAR 2 (Week 4) - THE SEPARATION OF POWERS AND CONVENTIONS 33 items
    The aim of this particular seminar is to examine the theory of the ‘Separation of Powers’ in the context of the constitutional arrangements of the UK and how the exercise of power is limited by a ‘non-legal paradigm', that of constitutional conventions. The theory asserts that, within any constitutional arrangement, it is both necessary and desirable to limit the exercise of power. The problem for UK public lawyers is the identification of power, its practical and structural manifestation along with what represents ‘limitation’ in the absence of a written constitution.
    1. Essential reading 12 items
      1. The spirit of the laws - Montesquieu, Charles de Secondat, Cohler, Anne M., Miller, Basia Carolyn, Stone, Harold Samuel 1989

        Book Essential Book XI, chapter 6

      2. Constitutionalism and the separation of powers - Vile, M.J.C. 1967

        Book Essential Chapters 1 & 2

    2. Textbooks 4 items
      Read only one of the following
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended pp. 35-47

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended pp. 19-31

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended pp. 50-65, 66-67 & 89-101

      4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

        Book Recommended pp. 13-16 & 271-295

    3. Further reading 17 items
      1. The new separation of powers: a theory for the modern state - Carolan, Eoin 2009

        Book Optional

      2. Introduction to the study of the law of the Constitution - Dicey, Albert Venn, Wade, E.C.S. 1959

        Book Optional Chapters 14 & 15

      3. The law and the constitution - Jennings, Ivor 1959

        Book Optional Chapter III, Sections 1 & 2

      4. Studies in constitutional law - Munro, Colin R. 1987

        Book Optional Chapter 9

      5. Conventions of the UK Parliament, Report of session 2005-06 [HL Paper 265-1, HC 1212-1] - House of Lords, House of Commons Joint Committee on Conventions

        Webpage Optional

  10. SEMINAR 3 (Week 5) - THE RULE OF LAW 18 items
    The aim of this particular seminar is to examine the theory of the ‘Rule of Law’. It will be explored how this theory seeks to limit the exercise of power.
    1. Essential reading 8 items
      1. The rule of law - Lord Bingham 2007

        Article Essential

      2. Introduction to the study of the law of the Constitution - Dicey, Albert Venn, Wade, E.C.S. 1959

        Book Essential Chapters 4 & 13

      3. The rule of law and its virtue - J Raz 1977

        Article Essential

      4. Harry Potter and the order of the phoenix - Rowling, J. K. 2003

        Book Essential pp. 112-140

    2. Textbooks 4 items
      Read only one of the following
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended Chapter 3

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended Chapter 6

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended pp. 67-79

      4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

        Book Recommended pp. 53-64 & 79-85

    3. Further reading 6 items
      1. The rule of law - Bingham, T. H. 2010

        Book Optional

      2. The law and the constitution - Jennings, Ivor 1959

        Book Optional Chapter II, Sections 1, 2 & 3

      3. The authority of law: essays on law and morality - Raz, Joseph 1979

        Book Optional

  11. SEMINAR 4 (Week 6) - PARLIAMENTARY SOVEREIGNTY 24 items
    The aim of this seminar is to examine the doctrine of Parliamentary Sovereignty. It is proposed to explore the theoretical and practical dimensions of the theory.
    1. Essential reading 9 items
      1. Introduction to the study of the law of the Constitution - Dicey, Albert Venn, Wade, E.C.S. 1959

        Book Essential Chapters 1, 2 & 13

    2. Textbooks 4 items
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended Chapter 6

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended Chapter 4

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended pp. 206-228

      4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

        Book Recommended Chapter 2

    3. Further reading 11 items
      1. The law and the constitution - Jennings, Ivor 1959

        Book Optional Chapter IV

      2. The sovereignty of Parliament: history and philosophy - Goldsworthy, Jeffrey Denys 1999

        Book Optional

  12. SEMINAR 5 (Week 7) - PARLIAMENT 27 items
    There are two aims to this seminar. Firstly, to critically examine the constituent elements of Parliament, in particular the House of Commons and the House of Lords along with the notion of Parliamentary Power. Secondly to develop your moot presentation skills. Here the goal is to assist and direct students with respect to the assessed moot presentation in week 12. Accordingly, the seminar will take the form of a moot presentation. Each class will be divided into two teams. One team will argue the case for the reform of Parliament, the other will present the case against reform. Feedback will be given in terms of content and presentation at both a group and an individual level.
    1. Essential reading 9 items
      1. The Constitution Unit - University College London

        Webpage Essential

    2. Textbooks 4 items
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended Chapters 12, 13 & 16

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended Chapters 9, 10 & 11

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended Chapter 5

      4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

        Book Recommended pp. 120-129, 157-192, Chapters 7 & 8

    3. Further reading 14 items
      1. The House of Lords: its future? - Lord Bingham of Cornhill

        Article Optional

      2. The challenge for Parliament: making government accountable : report - Newton, Antony Harold, Hansard Society 2001

        Book Optional Chapters 1, 3, 4, 6, 7 & 8

      3. Parliamentary democracy: is there a perfect model? - Hopkinson, Nicholas, Commonwealth Parliamentary Association 2001

        Book Optional

      4. Reforming the United Kingdom Parliament - D Oliver

        Chapter Optional

  13. SEMINAR 6 (Week 8) - THE EXECUTIVE 32 items
    The aim of this seminar is to examine the executive. This will entail consideration of the nature of executive power, its structure, function and the relationship of the executive with Parliament. It is proposed to divide the class into two groups. Each group will give a presentation in respect of one of the following topics - Topic 1: Executive power, structure and function; Topic 2: Executive Accountability and Responsibility - It is important to note that as part of the preparation for this seminar you will need to research beyond the material listed on your seminar sheet. This seminar should also help you to build upon the moot presentation skills developed in seminar 6. Once again, feedback will be given in terms of content and presentation at both a group and an individual level.
    1. TOPIC 1 - EXECUTIVE POWER, STRUCTURE AND FUNCTION 17 items
      1. Essential reading 3 items
        1. The Cabinet Manual

          Document Essential Chapters 1, 3 & 4

        2. The Governance of Britain - HM Government 2007

          Document Essential

      2. Textbooks 4 items
        1. Constitutional & administrative law - Barnett, Hilaire 2011

          Book Recommended Chapters 5 & 9

        2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

          Book Recommended Chapters 12 & 13

        3. Public law - Elliott, Mark, Thomas, Robert 2011

          Book Recommended pp. 103-109, 117-140 & 152-157

        4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

          Book Recommended Chapter 4

      3. Further reading 10 items
        1. The British presidency: Tony Blair and the politics of public leadership - Foley, Michael, Blair, Anthony Charles Lynton 2000

          Book Optional

    2. TOPIC 2 - EXECUTIVE ACCOUNTIBILITY AND RESPONSIBILITY 15 items
      1. Essential reading 3 items
        1. Ministerial Code - Cabinet Office 2010

          Document Essential

      2. Textbooks 4 items
        1. Constitutional & administrative law - Barnett, Hilaire 2011

          Book Recommended Chapters 10 & 15

        2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

          Book Recommended Chapter 7

        3. Public law - Elliott, Mark, Thomas, Robert 2011

          Book Recommended pp. 102-109 & 348-413

        4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

          Book Recommended pp. 141-156 & Chapter 9

      3. Further reading 8 items
        1. What is parliament for? - A Tomkins

          Chapter Optional

  14. SEMINAR 7 (Week 9) - THE JUDICIARY AND JUDICIAL INDEPENDENCE 23 items
    The aim of this seminar is to examine the judiciary, its function and independence within the constitutional arrangements of the UK.
    1. Essential reading 12 items
      Please read at least TWO of the following:
    2. Textbooks 3 items
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended pp. 75-78

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended pp. 362-374

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended Chapter 6

    3. Further reading 8 items
      1. The Judiciary - R Brazier

        Chapter Optional

      2. The politics of the judiciary - Griffith, J. A. G. 1997

        Book Optional

      3. The Judges' Council - Lord Justice Thomas 2005

        Article Optional

  15. SEMINAR 8 (Week 10) - INTRODUCTION TO JUDICIAL REVIEW 14 items
    The aim of this seminar is to introduce students to the basic principles of Judicial Review. The basis of the seminar will be an informal written class exercise. The purpose of the exercise is to assist with the development of written skills as part of the assessment for this course will entail an unseen written exam. In developing these written skills we will draw upon some of the skills that you will have already acquired from the class moot exercises conducted to date. In order to successfully complete the exercise you must read ALL the cases that follow:
    1. Essential reading 10 items
    2. Textbooks 4 items
      1. Constitutional & administrative law - Barnett, Hilaire 2011

        Book Recommended Chapters 23, 24 & 25

      2. Constitutional and administrative law - Bradley, A. W., Ewing, K. D. 2011

        Book Recommended Chapters 30 & 31

      3. Public law - Elliott, Mark, Thomas, Robert 2011

        Book Recommended Chapters 12, 13 & 14

      4. Constitutional law, administrative law, and human rights: a critical introduction - Loveland, Ian 2009

        Book Recommended Chapters 14-17

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