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:
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 should be able to:
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
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
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