Module Details

Module Code: LAWS C4311
Module Title: Administrative Law 2
Title: Administrative Law 2
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: John Tully
Domains:  
Module Description: To provide students with an appreciation of the executive arm of the government’s relationship with the judicial and legislative arms, the historical development of that relationship and the influence of human rights and EU law on Irish Administrative law.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Compare and contrast the development of certain rules of administrative law and their application within this and other jurisdictions
LO2 Critically evaluate the impact of the European Convention on Human Rights Act 2003 on public bodies in the performance of their functions
LO3 Apply the rules of administrative law to hypothetical problem scenarios and give an account of relevant case-law, legislation and policy in relation to the issues raised
LO4 Access and use hard copy and electronic primary legal and other appropriate sources relating to the administration of the state
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
Indicative Content
Grounds for Judicial Review of Public Bodies
• Bias - Nemo index in causa sua; • Disregard of fair procedures – Natural and Constitutional justice -Audi alteram partem • Legitimate expectation • Unlawful delegation • Error of fact • Unreasonableness doctrine • Proportionality • Error of law • Fettering of the decision making function • Breach of EU law • Breach of fundamental rights o Constitutional rights o European Convention on Human Rights o Breach of international agreements
Judicial Review Procedure
• Jurisdiction of the High Court • Stages of Judicial Review Procedure • Rules of locus standi • Rules relating to costs – security for costs, undertakings in damages, costs for judicial review application • Remedies available including inter alia certiorari, mandamus and prohibition. • Discretionary nature of the remedies including • Delay • Duty to exhaust alternative remedies • Lack of good faith
Other forms of review
• Procedure regulating an application for habeas corpus under Article 40 of the Constitution • Case stated • Statutory appeals • Preliminary references under EU law
Tort Actions
• Malfeasance in public office • Negligent exercise of public power • Breach of statutory duty • Damages for unlawful administrative action
Remedies
• Certiorari • Mandamus • Prohibition • Declaration • Injunction • Damages
Module Content & Assessment
Assessment Breakdown%
End of Module Formal Examination100.00%

Assessments

Full Time

No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 100
Timing End-of-Semester Learning Outcomes 1,2,3,4
Non-marked No
Assessment Description
n/a
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Independent Learning Non Contact No Description Every Week 6.00 6
Lecture Contact No Description Every Week 3.00 3
Total Weekly Contact Hours 3.00
 
Module Resources
Recommended Book Resources
  • Gerard Coffey. Administrative Law, Round Hall.
  • Hogan & Morgan. Administrative Law in Ireland, Thomson Round Hall.
  • Mark de Blacam. Judicial Review, Tottel Publishing.
  • Hilary Delaney. Judicial Review of Administrative Action, Round Hall.
  • William Wade and Christopher Forsyth. Administrative Law, Oxford University Press.
  • Peter Cane. Administrative Law, Oxford University Press.
  • Timothy Endicott. Administrative Law, Oxford University Press.
  • Peter Leyland, Gordon Anthony. Textbook on Administrative Law.
  • Costello. The Law of Habeas Corpus in Ireland, Four Courts Press.
  • Conleth Bradley. Judicial Review, Round Hall, Dublin.
  • Patrick Butler. (2003), Keane on Local Government, 2nd ed, FirstLaw, Dublin.
  • McMahon & Binchy. (2000), Irish Law of Torts, 3rd ed, Tottell Publishing.
  • Forde. (2004), Constitutional Law, 2nd Ed, First Law.
  • Fiona Donson,Darren O'Donovan. Law and Public Administration in Ireland, [ISBN: 1905536704].
This module does not have any article/paper resources
Other Resources
Discussion Note: