You are viewing information for England.  Change country.

Public law and criminal law

This module explores the relationship between the state and its citizens and critically analyses the principles underpinning constitutional and criminal law. The role and relevance of national constitutions is discussed and the key features of the UK constitution explored. The mechanisms for challenge and review of the actions of public bodies are then considered. The nature of sovereignty, the protection of individuals and the role of the police are discussed and evaluated before a range of criminal offences and defences are explored. Throughout case studies are used to set theory in context and the international dimension of law is highlighted.

Modules count towards OU qualifications

OU qualifications are modular in structure; the credits from this undergraduate module could count towards a certificate of higher education, diploma of higher education, foundation degree or honours degree.

Browse qualifications in related subjects

Module

Module code
W203
Credits

Credits

  • Credits measure the student workload required for the successful completion of a module or qualification.
  • One credit represents about 10 hours of study over the duration of the course.
  • You are awarded credits after you have successfully completed a module.
  • For example, if you study a 60-credit module and successfully pass it, you will be awarded 60 credits.
60
Study level

Across the UK, there are two parallel frameworks for higher education qualifications, the Framework for Higher Education Qualifications in England, Northern Ireland and Wales (FHEQ) and the Scottish Credit and Qualifications Framework (SCQF). These define a hierarchy of levels and describe the achievement expected at each level. The information provided shows how OU module levels correspond to these frameworks.

OU SCQF FHEQ
2 9 5
Study method
Distance Learning
Module cost
See Module registration
Entry requirements
See Am I ready?

Request your prospectus

Explore our subjects and courses

Request your copy now

What you will study

This module will cover important aspects of the relationship between the state and the individual in the UK. You will explore the fundamentals of the UK constitution and some areas of administrative law, the law governing the administrative functions of the government and its agencies. You will consider the criminal law of the jurisdiction of England & Wales.

Public law

As part of public law, you will first analyse the key features of the UK constitution in the context of a broader narrative about how constitutional arrangements evolve and change over time. The uncodified and incremental character of the UK constitution stresses its enduring and fairly static nature. As well as exploring the history of the UK constitution to highlight its evolution, you will be introduced to a range of comparator constitutions from other jurisdictions which reveal the ways in which constitutional arrangements are shaped by and contingent on historical events. 

You will evaluate the key concepts underpinning the UK constitution including the rule of law, the separation of powers and parliamentary sovereignty. You will analyse the rule of law as a principle that has developed over time and in different places. You will explore its different possible meanings and consider the extent to which the UK constitution complies with its central ideas.

You will then consider judicial review, the mechanism that allows state decisions to be challenged by individuals in the courts. This is an important area of administrative law, which helps maintain the rule of law by keeping public power in check. You will see how this is incorporated into the constitutional arrangements of other states, before analysing the UK approach in more detail including the impact of human rights law in recent decades.

You will scrutinise and critically analyse where sovereignty – supreme authority - lies in the UK constitution and the concept of sovereignty itself. You will question whether the reality of sovereign authority is different from the theory, whether parliament is actually sovereign. You will consider various challenges to this conception of sovereignty, including from international law, the European Union and the break-up of states into smaller, independent territories.

You will complete your study of public law by evaluating the effectiveness of the operation of the UK constitution in protecting some of its key stakeholders. You will analyse whether and how the parliamentary process maintains constitutional values, the community is safeguarded through the oversight of the police and the individual is protected through the incorporation of human rights and civil liberties.

Criminal law

You will begin studying criminal law by placing the law itself in context by looking at how and why certain actions are criminalised by the state. You will explore the elements of a criminal offence and some of the general principles underpinning the criminal law, including the standards of conduct and mental states required to commit criminal offences.

You will then look in more detail at a series of violent offences and some of the defences that may be used to deny that the actions that would otherwise constitute a crime are unlawful. You will analyse the common law offence of murder and its impact on the law relating to intention. You will consider different forms of manslaughter and how and why they are differentiated from murder, using the partial defences of loss of control and diminished responsibility. You will look at the areas of corporate criminal responsibility - how corporations are made liable under the criminal law, particularly for homicide - and criminal law reform, the process by which reforms to criminal law are proposed and accepted or rejected. You will be introduced to selected offences against the person including assault and aggravated assault, and will evaluate the law relating to sexual offences, particularly rape. As part of this you will consider some of the wider political and social factors that impact on this complex area.

In the closing units of the module you will critically analyse aspects of the criminal law. You will explore property offences, such as theft and burglary, through an evaluation of the concept of property as a fundamental part of the law. You will consider the expanding limits of the criminal law in relation to the increasingly topical offences of corporate and state bribery and corruption, including the mechanisms used to hold those other than primary offenders accountable for criminal acts. You will conclude the module by bringing together aspects of public and criminal law to evaluate criminal justice issues in the light of constitutional provisions, such as the protection of individual rights and access to justice.

This module emphasises the critical and comparative analysis of public and criminal law so you will understand not only the provisions of the law but also how they may be critiqued and reconceptualised and how similar concerns are tackled in other jurisdictions. It provides a broad context for your understanding of rules and principles that form the law in these areas. Alongside this you will develop transferable legal and general study and employability skills. The activities and assessments you undertake will support the growth of personal and academic skills in areas such as communication, research, information technology, problem solving skills and self-reflection and appraisal.

Professional recognition

If you are intending to use this module as part of the LLB, and you hope to enter the Legal Professions, you should read carefully the careers information on The Open University Law School website. There are different entry regulations into the legal professions in England and Wales, Scotland, Northern Ireland and the Republic of Ireland. You should read the information on the website as it is your responsibility to ensure that you meet these requirements.

Teaching and assessment

Support from your tutor

You will have a tutor with whom you can communicate by email, online forum, online conferencing (OU Live), telephone and if required post. They will help you with the study material and mark and comment on your written work, and whom you can ask for advice and guidance. Your tutor will also run face-to-face and online tutorials that you are encouraged to attend.

Contact us if you want to know more about study with The Open University before you register.

Assessment

The assessment details for this module can be found in the facts box.

You will be expected to submit your tutor-marked assignments (TMAs) online through the eTMA system unless there are some difficulties which prevent you from doing so. In these circumstances, you must negotiate with your tutor to get their agreement to submit your assignment on paper.

Future availability

Public law and criminal law starts once a year – in October. This page describes the module that will start in October 2018. We expect it to start for the last time in October 2022.

Regulations

As a student of The Open University, you should be aware of the content of the academic regulations which are available on our Student Policies and Regulations website.

    Course work includes:

    4 Tutor-marked assignments (TMAs)
    1 Interactive computer-marked assignment (iCMA)
    Examination
    No residential school


    Entry requirements

    This is an OU level 2 module and you will need the study skills required for this level of study, which may have been obtained either from OU level 1 study or from another university.

    If you have any doubt about the suitability of the module, please speak to an adviser.

    Register

    Start End England fee Register
    06 Oct 2018 Jun 2019 -

    Registration now closed

    This module is expected to start for the last time in October 2022.

    Additional Costs

    Study costs

    There may be extra costs on top of the tuition fee, such as a laptop, travel to tutorials, set books and internet access.

    If you're on a low income you might be eligible for help with some of these costs after your module has started.

    Ways to pay for this module

    Open University Student Budget Account

    The Open University Student Budget Accounts Ltd (OUSBA) offers a convenient 'pay as you go' option to pay your OU fees, which is a secure, quick and easy way to pay. Please note that The Open University works exclusively with OUSBA and is not able to offer you credit facilities from any other provider. All credit is subject to status and proof that you can afford the repayments.

    You pay the OU through OUSBA in one of the following ways:

    • Register now, pay later – OUSBA pays your module fee direct to the OU. You then repay OUSBA interest-free and in full just before your module starts. 0% APR representative. This option could give you the extra time you may need to secure the funding to repay OUSBA.
    • Pay by instalments – OUSBA calculates your monthly fee and number of instalments based on the cost of the module you are studying. APR 5.1% representative.

    Joint loan applications

    If you feel you would be unable to obtain an OUSBA loan on your own due to credit history or affordability issues, OUSBA offers the option to apply for a joint loan application with a third party. For example, your husband, wife, partner, parent, sibling or friend. In such cases, OUSBA will be required to carry out additional affordability checks separately and/or collectively for both joint applicants who will be jointly and severally liable for loan repayments.

    As additional affordability checks are required when processing joint loan applications, unfortunately, an instant decision cannot be given. On average the processing time for a joint loan application is five working days from receipt of the required documentation.

    Read more about Open University Student Budget Accounts (OUSBA).  

    Employer sponsorship

    Studying with The Open University can boost your employability. OU courses are recognised and respected by employers for their excellence and the commitment they take to complete. They also value the skills that students learn and can apply in the workplace.

    More than one in ten OU students are sponsored by their employer, and over 30,000 employers have used the OU to develop staff so far. If the module you’ve chosen is geared towards your job or developing your career, you could approach your employer to see if they will sponsor you by paying some or all of the fees. 

    • Your employer just needs to complete a simple form to confirm how much they will be paying and we will invoice them.
    • You won’t need to get your employer to complete the form until after you’ve chosen your module.  

    Credit/debit card

    You can pay part or all of your tuition fees upfront with a debit or credit card when you register for each module. 

    We accept American Express, Maestro (UK only), Mastercard, Visa/Delta and Visa Electron. 

    Mixed payments

    We know that sometimes you may want to combine payment options. For example, you may wish to pay part of your tuition fee with a debit card and pay the remainder in instalments through an Open University Student Budget Account (OUSBA).


    For more information about combining payment options, speak to an adviser or book a call back at a time convenient to you.


    Please note: your permanent address/domicile will affect your fee status and therefore the fees you are charged and any financial support available to you. The fees and funding information provided here is valid for modules starting before 31 July 2019. Fees normally increase annually in line with inflation and the University's strategic approach to fees. 

    This information was provided on 18/09/2018.

    What's included

    The module is studied online with two text books are provided in print for students' convenience if working offline. The text books are Ian Loveland, Constitutional Law, Administrative Law, and Human Rights: A critical introduction and Clarkson, Keating, Cunningham, Clarkson and Keating Criminal Law: Text and Materials.

    Computing requirements

    A computing device with a browser and broadband internet access is required for this module.  Any modern browser will be suitable for most computer activities. Functionality may be limited on mobile devices.

    Any additional software will be provided, or is generally freely available. However, some activities may have more specific requirements. For this reason, you will need to be able to install and run additional software on a device that meets the requirements below.

    A desktop or laptop computer with either:

    • Windows 7 or higher
    • macOS 10.7 or higher

    The screen of the device must have a resolution of at least 1024 pixels horizontally and 768 pixels vertically.

    To participate in our online-discussion area you will need both a microphone and speakers/headphones. 

    Our Skills for OU study website has further information including computing skills for study, computer security, acquiring a computer and Microsoft software offers for students. 

    If you have a disability

    The OU strives to make all aspects of study accessible to everyone and this Accessibility Statement outlines what studying W203 involves. You should use this information to inform your study preparations and any discussions with us about how we can meet your needs.

    To find out more about what kind of support and adjustments might be available, contact us or visit our Disability support website.