Module Title:Administrative Law
Language of Instruction:English
Credits: 10
NFQ Level:8
Module Delivered In No Programmes
Teaching & Learning Strategies: Formal lectures Communication of knowledge and ideas from the lecturer to the student Class discussion/debate students will be encouraged to actively participate in the class discussions which will develop their analytical, debating and communication skills Tutorials Students will be enabled to examine and debate controversial and complex legal issues and to discuss such matters critically both individually and in groups. E-learning It is envisaged that this module will be supported by online learning materials through the virtual learning environment. Independent learning There will be an emphasis on independent student learning which it is anticipated will encourage strong and autonomous learning practices.
Module Aim: The aim of this module is to provide students with a firm understanding of the law regulating the organisation, composition, functions and procedures of public authorities and their roles in the administrative and executive arm of government. It also aims to provide students with an appreciation of the executive arm of 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 should be able to:
LO1 Define and describe the main rules of administrative law
LO2 Identify and explain the principles of constitutional justice
LO3 Explain and apply the rules, practices and procedures of judicial review of administrative action
LO4 Distinguish between, and critically appraise, the remedies available by way of judicial review
LO5 Compare and contrast the development of certain rules of administrative law and their application within this and other jurisdictions
LO6 Critically evaluate the impact of the European Convention on Human Rights Act 2003 on public bodies in the performance of their functions
LO7 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
LO8 Access and use hard copy and electronic primary legal and other appropriate sources relating to the administration of the state
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
The Nature of Public Bodies
• Public Law v Private Law • Types of Public Bodies • Duty to give reasons and follow fair procedures • Freedom of Information Acts • Doctrine of Ultra Vires • Availability of Judicial Review
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
Assessment Breakdown%
Continuous Assessment20.00%
Project20.00%
End of Module Formal Examination60.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Examination A written examination, project, or problem question which will be given in term one and will require candidates to apply their knowledge and problem- solving skills in answering one or more essay and/or problem question(s). 1,2,3 20.00 n/a
Project
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Project An essay question or hypothetical problem question. Students will be required to research the issues in accordance with defined instructions, and present their findings and/or proposals in writing, orally or both. 1,2,3,4,5,6,7,8 20.00 n/a
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam Three-hour written examination 1,2,3,4,5,6,7,8 60.00 End-of-Semester

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

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture 30 Weeks per Stage 2.50
Tutorial 30 Weeks per Stage 0.50
Estimated Learner Hours 30 Weeks per Stage 7.00
Total Hours 300.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50