Chapter 1 Readings
1.1 What is Law?
Core text
Essential reading
Further reading
1.2 What is Law For?
Essential reading
1.3 Sources of Law
Core text
Holland and Webb, Chapter 1 ‘Understanding the Law’.
Further reading
Margin of Appreciation
Essential reading
Proportionality
Essential reading
1.4 Different Types of Legal System
Further reading
1.5 Classification of Law
Core text
Holland and Webb, Chapter 1 ‘Understanding the Law’.
Further reading
Slorach, Chapter 2 ‘Sources of Law in England & Wales’.
1.6 Constitutional Principles and the Legal System
Further reading
1. The Separation of Powers
Essential reading
The Independence of the Judiciary
Essential reading
2. The Sovereignty of Parliament
Essential reading
3. The Rule of Law
Essential reading
Judicial Independence and the Rule of Law
Essential reading
Why is the Rule of Law Important?
Essential reading
1.7 Doing Justice in Legal Systems
Core text
Further reading
1.7.2 Inquisitorial and Adversarial Procedure
Essential reading
Chapters 2 & 3 Readings
Core text
Further reading
The United Kingdom Supreme Court (UKSC) (Formerly the Appellate Committee of the House of Lords)
Chapter 3
Core text
Essential reading
Further reading
3.3.1 Vertical and Horizontal Precedent in the Court Hierarchy
Essential reading
Further reading
Horizontal precedent in the Court of Appeal (Civil Division)
Essential reading
3.4 The European Court of Human Rights and the UK Supreme Court
Essential reading
Further reading
Judges as Law-Makers
Essential reading
Further reading
Chapter 4 Readings
Core text
Essential reading
Further reading
Interpreting the Law of the European Union
The Impact of the Human Rights Act 1998 on Statutory Interpretation
Holland and Webb, Chapters 9 ‘Interpreting Statutes’
The Interpretation of Domestic Legislation after the Human Rights Act 1998
Holland and Webb, Chapter 10 ‘“Bringing Rights Home”: Legal Method and Convention Rights’.
Declarations of Incompatibility and the Government Response
Human RIghts: Interpretation or Legislation?
Chapter 5 Readings
Essential reading
Further reading
Changes Introduced by the Constitutional Reform Act 2005
Measures Supporting the Independence of the Judiciary
5.6.1 Judicial Impartiality and Conflicts of Interest
5.6.4 Guidance on Recusal from the House of Lords post-HRA 1998
Appointment Process and Outcome
Judicial Appointments Prior to the Constitutional Reform Act 2005
Judicial Selection Process After the Constitutional Reform Act 2005
The Selection Process
Essential reading
Increasing Judicial Diversity
Essential reading
Further reading
Progress on Judicial Diversity – Too Little, Too Slow?
Equal Merit Provision – Crime and Courts Act 2013
Why Has There Not Been More Progress in Increasing Judicial Diversity?
Essential reading
Further reading
Judicial Power and Relations with the Executive and Legislature
Essential reading
Further reading
Judicial Power and the Protection of Human Rights
Essential reading
Further reading
Prisoners’ Voting Rights
Chapter 6 Readings
The Scope of the Civil Justice System
What is the Civil Justice System for? Civil Justice as a ‘Public Good’
‘Out of Court’ Settlement
Civil Justice and the Rule of Law
Access to Civil Justice and Legal Aid
Is There a Right to Legal Aid in Civil Cases?
The Challenge of Providing Accessible and Affordable Civil Justice
Reforming the Civil Justice System: Lord Woolf and the Access to Justice Reforms
The Continuing Problem of Legal Costs
Access to Justice and the Rise of Litigants in Person (LIPs)
Further reading
Future Reform of the Civil Justice System
Further reading
Alternative Dispute Resolution (ADR) Processes
Further reading
Evaluation
Online Dispute Resolution (ODR)
Disappearing Trials, Privatisation of Justice and the Rule of Law
Chapter 7 Readings
What is the Criminal Justice System for?
Further reading
‘Crime Control’ and ‘Due Process’ Models of Criminal Justice Systems
Due Process in Criminal Proceedings: Article 6 of the ECHR
The Investigation of Crime: the Police and their Powers
Stop and Search
Arrest and Detention
The Prosecution of Crime: the Crown Prosecution Service
Further reading
How Does the CPS Assess the Public Interest? The Case of Assisted Suicide
Further reading
Evaluation of the CPS
The Adjudication of Crime: Courts, Judges and Juries
Jury Decision-Making in Criminal Trials
Further reading
Excusal from Jury Service and Justice System Professionals as Jurors
Reasons and Secrecy
Further reading
Race and Jury Fairness
Further reading
Jury Fairness and the Internet
Non-Jury Trials
Conclusion
Appeals and Correcting Miscarriages of Justice
The Criminal Cases Review Commission