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.
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.
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.
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.
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.
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.
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.