CILEx Level 6 Unit 12 Public Law
CILEx Level 6 Unit 12 Public Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of public law in England and Wales.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to fulfil the Solicitors Regulation Authority's academic stage of training.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in Public Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
Chapter 1: The Nature of Constitutions
1.1 Introduction
1.2 Written constitutions
1.3 Unwritten constitutions
1.4 Comparing written and unwritten constitutions
1.4.1 Flexibility
1.4.2 Certainty and clarity
1.4.3 Effectiveness in securing and protecting civil liberties
1.5 Other classifications of constitutions
1.6 Devolution
Chapter 2: The Nature and Sources of UK Constitutional Law
2.1 Introduction
2.2 Parliamentary sovereignty
2.3 Rule of law
2.3.1 Absence of arbitrary power
2.3.2 Equality before the law
2.3.3 Judicial decisions as the basis of individual freedom
2.3.4 Other interpretations of the rule of law
2.4 Separation of powers
2.4.1 The legislature and the executive
2.4.2 The legislature and the judiciary
2.4.3 The executive and the judiciary
2.4.4 Political neutrality of the judiciary
2.5 Sources of constitutional law
2.5.1 Statutes
2.5.2 Case law
2.5.3 Authoritative legal writings upon constitutional matters
2.5.4 European Union law
2.5.5 International law
Chapter 3: Conventions
3.1 Introduction
3.2 Nature of conventions
3.3 Purpose of conventions
3.4 Identifying conventions
3.5 Characteristics of conventions
3.6 Obedience to conventions
3.7 Should conventions be codified as laws?
3.8 How the courts view conventions
Chapter 4: The Sovereignty of Parliament
4.1 Introduction
4.2 The significance of parliamentary sovereignty
4.3 The extent of the doctrine
4.4 The doctrines of express and implied repeal
4.5 Purported limitations
4.6 The Human Rights Act 1998
Chapter 5: European Union Law
5.1 Introduction
5.2 The European Union today
5.3 The European institutions
5.3.1 The Commission
5.3.2 The Council of the EU
5.3.3 The European Council
5.3.4 The European Parliament
5.3.5 The European Court of Justice
5.3.5.1 Charter of Fundamental Rights of the European Union
5.3.5.2 Bringing proceedings before the European Court of Justice
Chapter 6: European Union Law and Domestic Law
6.1 Introduction
6.2 Sources of EU law
6.2.1 Treaty Articles
6.2.2 Regulations and Directives
6.2.3 Decisions
6.3 Direct effect
6.3.1 Treaty provisions and Regulations
6.3.2 Directives
6.3.3 Invoking EU law against private parties
6.3.4 Indirect effect
6.3.5 Compensation for non-implementation
6.4 Direct applicability and direct effect: a summary
6.5 The incorporation of EU law into UK law
6.5.1 Interim relief
Chapter 7: The House of Commons
7.1 Introduction
7.2 The role of the House of Commons
7.3 The functions of the Commons
7.4 The composition of the Commons
7.4.1 The electoral voting system
7.4.2 Constituencies
7.4.3 Elections
7.4.3.1 Comparison of voting systems
7.4.4 Parliamentary candidates
7.4.5 The Electoral Commission
7.4.6 Registration of political parties
7.4.7 National campaign expenditure
7.4.8 Donations to registered parties and registered third parties
7.4.9 Rules relating to individual candidates
7.4.10 Expenditure by candidates
7.4.11 Expenditure by third parties in constituencies
7.4.12 Corrupt and illegal practices
7.4.13 Election broadcasts
7.4.13.1 Party leader debates
7.4.14 Referendums
7.5 The working of the Commons
7.5.1 Officers of the House
7.5.2 Records of Parliament
7.5.3 Parties in the House
7.6 Functions of the Commons in detail
7.6.1 The creation of legislation
7.6.1.1 Pre-parliamentary process
7.6.1.2 Interest groups
7.6.1.3 Economic interest groups
7.6.1.4 Local groups
7.6.1.5 Interest groups based on common activity
7.6.1.6 Cause-related interest groups
7.6.1.7 Public and Private Bills
7.6.1.8 Government Bills
7.6.1.9 Government Bill procedure
7.6.1.10 Private Members’ Bills
7.6.1.11 Private Bill procedure
7.6.2 Parliamentary scrutiny of the executive
7.6.2.1 Debates
7.6.2.2 Questions
7.6.3 Raising taxes – national expenditure
7.7 Parliamentary committees
7.7.1 Committees of the whole House
7.7.2 General Committees
7.7.3 Select Committees
7.7.4 Private Bill Committees
7.7.5 Joint Committees
7.8 Reform
7.8.1 Independent Parliamentary Standards Authority (IPSA)
7.8.1.1 Compliance officer
7.8.2 Tax status of MPs
Chapter 8: The House of Lords
8.1 Introduction
8.2 Composition
8.2.1 The Lords Spiritual
8.2.2 The Lords Temporal
8.2.3 Disqualification
8.3 The functions of the Lords
8.3.1 Legislative function
8.3.2 Scrutiny of the executive
8.3.3 Debating
8.3.4 Convenience
8.4 The relationship between the Lords and the Commons
8.5 Reform of the House of Lords
8.6 The Supreme Court
8.6.1 The Supreme Court and Scottish devolution
Chapter 9: Parliamentary Privilege
9.1 Introduction
9.2 Freedom of speech
9.3 Freedom from arrest
9.4 The right to regulate the composition of Parliament
9.5 The right to regulate proceedings
9.6 Outside interests of MPs
9.7 Privilege in the courts
Chapter 10: The Royal Prerogative
10.1 Introduction
10.2 Identification, scope and exercise
10.3 The public interest
10.4 Prerogatives and statute
10.5 The extent of prerogative powers
10.5.1 Prerogatives relating to domestic affairs
10.5.2 Prerogatives relating to foreign affairs
10.6 Prerogative and the courts
10.7 Powers and duties of the Monarchy
10.8 Future of the Monarchy
10.9 Reform
Chapter 11: The Executive
11.1 Introduction
11.2 The Cabinet
11.2.1 Composition
11.2.2 Functions
11.3 The Prime Minister
11.3.1 Convention
11.3.2 Choosing who becomes Prime Minister
11.3.3 Where the Prime Minister loses the confidence of his party
11.4 Powers and functions of the Prime Minister
11.5 Cabinet committees
11.6 The Cabinet Office
11.7 Open government
11.7.1 The Freedom of Information Act 2000
11.8 Ministers and their departments
11.9 Collective responsibility
11.10 Individual ministerial responsibility
11.11 Financial interests of Ministers
11.12 The civil service
11.13 The legal position of civil servants
11.14 Public corporations
11.14.1 Nationalised industries
11.14.2 Public services
11.14.3 Quangos – regulatory and advisory bodies
11.14.4 Control of public corporations
11.15 Safeguards against corruption
Chapter 12: Delegated Legislation
12.1 Introduction
12.2 Types of delegated legislation
12.2.1 Statutory instruments
12.2.2 Orders in Council
12.2.3 By-laws
12.2.4 Circulars, codes and ministerial guidance
12.2.5 The devolved bodies
12.2.6 Other delegated legislation
12.3 Advantages of delegated legislation
12.3.1 Emergency action
12.3.2 Flexibility
12.3.3 Timing
12.3.4 Technical detail
12.4 Disadvantages of delegated legislation
12.4.1 Scrutiny
12.4.2 Consultation
12.4.3 Substance
12.4.4 Misuse
12.5 Safeguards
12.5.1 Drafting
12.5.2 Consultation
12.5.3 Parliamentary scrutiny
12.5.4 Publication
12.5.5 Judicial review
Chapter 13: Local Government
13.1 Introduction
13.2 Unitary and two-tier authorities
13.3 London
13.4 Functions of local authorities
13.5 Powers of local authorities
13.6 Local government elections
13.7 Council decision-making
13.7.1 Local authority decision-making structures
13.8 Public access
13.9 Local government finance: income
13.10 Local government finance: expenditure
13.10.1 The Audit Commission
13.11 Corruption and misconduct
13.12 Controls on local authorities
13.13 Reform
Chapter 14: The Protection of Fundamental Human Rights
14.1 Introduction
14.2 Rights
14.3 The European Convention on Human Rights
14.4 Prerequisites for lawful restriction of rights
14.5 Rights under the European Convention on Human Rights
14.5.1 The right to life
14.5.2 Torture, inhuman or degrading treatment or punishment
14.5.3 Slavery
14.5.4 Liberty and security of person
14.5.5 The right to a fair trial
14.5.6 Retrospective crimes
14.5.7 Respect for private and family life
14.5.8 Freedom of thought
14.5.9 Freedom of expression
14.5.10 Freedom of assembly and of peaceful association
14.5.11 The right to marry
14.5.12 The right to an effective remedy
14.5.13 Discrimination
14.6 The European Convention on Human Rights and UK law: the Human Rights Act 1998
14.7 Proceedings under the Human Rights Act 1998
14.7.1 Powers of the courts under ss3 and 4 Human Rights Act 1998
14.7.2 Who may be in breach of the Human Rights Act 1998?
14.7.3 Who may claim breach or use breach as part of a defence?
14.7.4 Procedure: court, time limit
14.7.5 Remedy
14.7.6 Balancing competing interests
14.7.7 The impact of the Human Rights Act 1998
14.7.8 Human rights and terrorism
14.7.9 EU law and human rights
14.8 Reform
Chapter 15: Civil Rights and Freedoms – Freedom of the Person
15.1 Introduction
15.2 The police
15.3 The constitutional status of a police officer
15.3.1 Police community support officers
15.4 Ministerial supervision of police forces
15.5 Local supervision of police forces
15.6 Judicial supervision of police forces
15.7 The Police and Criminal Evidence Act 1984
15.8 Stop and search powers
15.9 Powers of arrest
15.10 Reasonable suspicion
15.11 Detention in custody
15.12 Bail
15.13 In the police station
15.14 Admissibility of evidence unlawfully obtained
15.14.1 Confessions
15.15 Powers of entry, search and seizure
15.15.1 Search following arrest
15.15.2 Searches of persons detained
15.15.3 Warrants
15.15.4 Search without warrant
15.16 Remedies for unlawful police conduct
15.16.1 Civil remedies
15.17 Terrorism
15.17.1 Terrorism Prevention and Investigations Measures Bill
15.18 Reform
Chapter 16: Freedom of Expression
16.1 Introduction
16.2 Defamation
16.2.1 Reform of defamation law
16.3 Incitement
16.4 Obscenity
16.4.1 Expert evidence
16.5 Blasphemy
16.6 Contempt of court
16.6.1 Civil contempt
16.6.2 Criminal contempt
16.7 Public order
16.8 Official secrets
16.8.1 The Official Secrets Act 1989 and the European Convention on Human Rights
16.9 Breach of confidence
16.9.1 Information disclosed contrary to terms of contract
16.9.2 Injunction where there is no contract
16.9.3 Nature of the relationship between the parties
16.9.4 Recent developments
16.9.5 Injunction not available where publication is in the public interest
16.9.6 Injunction not available where information is already in the public domain or occurred long ago
16.9.7 Types of injunction
16.10 Other restraints
16.11 Broadcasting and electronic media
16.11.1 Digital file-sharing and copyright infringements
16.12 Plays and films
16.13 Privacy
16.13.1 The Data Protection Act 1998
16.13.2 The Regulation of Investigatory Powers Act 2000
16.14 Public Interest Disclosure Act 1998
Chapter 17: Freedom of Assembly and Association
17.1 Introduction
17.2 Freedom of association
17.3 Meetings on private property
17.4 Public assemblies
17.4.1 Public assemblies and public disorder
17.5 Public processions (“marches”)
17.6 Criminal offences relevant to the maintenance of public order
17.6.1 Offences under the Public Order Act 1986
17.6.1.1 Riot (s1)
17.6.1.2 Violent disorder (s2)
17.6.1.3 Affray (s3)
17.6.1.4 Using threatening, abusive, etc. language (s4)
17.6.1.5 Disorderly conduct (s5)
17.6.2 Offences against police officers: s89 Police Act 1996
17.6.3 Other statutory offences and restrictions
17.6.4 Offences at common law
17.6.4.1 Breach of the peace
Chapter 18: Administrative Law: Judicial Review of Administrative Action – Nature and Grounds
18.1 Introduction
18.2 The nature of judicial review and its limitations
18.2.1 A residual form of control over administrative bodies
18.2.2 Not intended to provide alternative decisions
18.2.3 Judicial review is discretionary
18.2.4 Effect of judicial review
18.3 Grounds
18.3.1 Illegality
18.3.1.1 Ulterior purpose
18.3.2 Irrationality: Wednesbury unreasonableness
18.3.3 Relevant and irrelevant considerations
18.3.3.1 Local authority spending
18.3.4 Judicial review and the Human Rights Act 1998
18.3.4.1 Wednesbury test not appropriate
18.3.5 Failure to exercise discretion
18.3.5.1 Unauthorised delegation
18.3.5.2 Adoption of policy
18.3.6 Breach of natural justice: procedural ultra vires
18.3.6.1 Express procedural requirements
18.3.6.2 Implied procedural requirements: the rules of natural justice
18.3.6.3 The right to a fair hearing
18.3.6.4 Legal representation
18.3.6.5 The giving of reasons
18.3.6.6 The rule against bias
Chapter 19: Administrative Law: Judicial Review – Procedure and Remedies
19.1 Introduction
19.2 In what circumstances can judicial review be used?
19.2.1 The “offender” must be a public law body
19.2.2 The substance of the dispute must be a public law issue
19.2.3 Exceptions to O’Reilly v Mackman
19.2.3.1 Public law issue arising by way of a defence to civil proceedings
19.2.3.2 Public law issue arising by way of a defence to criminal proceedings
19.2.3.3 Public law issue merely collateral to a private law issue
19.2.4 A relaxation of the rule in O’Reilly v Mackman
19.2.5 Overcoming the first procedural stage: permission
19.2.5.1 The individual must have sufficient interest
19.2.5.2 Judicial review not appropriate
19.3 Remedies
19.3.1 Public law remedies
19.3.1.1 Quashing order
19.3.1.2 Mandatory order
19.3.1.3 Prohibiting order
19.3.2 Private law remedies
19.3.2.1 Declaration
19.3.2.2 Injunction
19.3.2.3 Damages
19.3.2.4 Exclusion of judicial review
Chapter 20: Tribunals and Inquiries
20.1 Introduction
20.2 The establishment and growth of tribunals
20.3 The composition of tribunals
20.4 Tribunal procedure
20.5 The organisation of the tribunal system
20.6 Appeals from the tribunal system to the courts
20.7 Inquiries
20.7.1 Inquiries under the Inquiries Act 2005
20.7.2 Inquiry procedures
20.7.3 Hearings in public
20.7.4 The role of the Minister
20.7.5 Supervision of inquiries
Chapter 21: Parliamentary and Health Service Ombudsman and Others
21.1 Introduction
21.2 Statutory framework
21.3 Jurisdiction
21.4 Procedure
21.5 Supervision by Parliament and the courts
21.6 Examples of PHSO investigations
21.7 Evaluation of the PHSO
21.8 Local Government Ombudsmen
21.8.1 Reform
21.9 Other Ombudsmen
Chapter 22: The Legal Liability of the Crown and Local Authorities
22.1 Introduction
22.2 The Crown Proceedings Act 1947
22.3 Crown liability in contract
22.4 Crown liability in tort
22.5 Procedural matters
22.6 Liability of local authorities in contract
22.7 Tortious liability of local authorities
Application
Download: CILEx courses application form 2011-12.pdf
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Apply for your Level 6 courses now through our online shop or print off and submit the application form at the foot of this page. For further information call us on 01234 844300. Our office hours are 8.45am to 5.00pm Monday to Thursday and 9am to 4pm on Friday.
