Aims
This course aims to:
• think about how legal systems ‘work’ and to understand the structure and operation of the central institutions and processes of the English legal system
• have a basic facility with techniques of legal interpretation and legal reasoning covering precedent and statutory interpretation
• think critically about the role of the judge in the constitution
Content
The five sessions will cover the topics set out below. The topics will be up to date, and the sessions practical.
Presentation of the course
For each session, there will be a short hand-out, explaining the content and ideas to be covered. This will set the agenda for discussions. I welcome interruptions and questions (within reason!) to allow the course to develop in ways most suited to the interests of students. There will be a number of practical examples, and you will be encouraged to shape your own opinions.
Course sessions
The five sessions will cover the following topics:
1. A history of the English legal system.
2. Sources of law and principles of legal research. The role of Parliament.
3. Statutory interpretation: we will look at a few statutes and at the ways the courts have interpreted them.
4. The system of precedent: we will look at the hierarchy of the courts and at how the system
of precedent works in practice, by looking at actual cases.
5. The constitution in practice: the UK constitution is unusual, but it works. Does it work well?
Learning outcomes
You are expected to gain from this series of classroom sessions a greater understanding of the subject and of the core issues and arguments central to the course.
As a result of the course, students will gain a greater understanding of the subject and should be able to:
• show a working knowledge of how legal systems ‘work’ and an understanding of the structure and operation of the central institutions and processes of the English legal system
• demonstrate techniques of legal interpretation and legal reasoning covering precedent and statutory interpretation
• think critically about the role of the judge in the constitution