Public law and criminal law

What you will study

This module draws upon case studies, case law, and constitutions in context to critically examine the relationship between the state and the individual. In the first half of the module you'll learn about the fundamental constitutional principles, alongside areas of administrative law, In the second half you'll be introduced to general principles of criminal liability and criminalisation before covering offences and defences, placing these in their socio-political and historical contexts.

Public law

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

You'll also 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'll 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'll cover the topic of sovereignty – supreme authority – and critically reflect on whether the reality of sovereign authority is different from the theory, and whether parliament is actually sovereign. You'll also 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'll 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'll 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'll 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'll analyse the common law offence of murder and its impact on the law relating to intention as well as considering different forms of manslaughter. You'll 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'll also 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'll consider some of the wider political and social factors that impact on this complex area.

In the closing units of the module, you'll be asked to critically analyse aspects of the criminal law, such as theft and burglary, through an evaluation of the concept of property as a fundamental part of the law. You'll consider the expanding limits of the criminal law in relation to inchoate offences, where the offender begins but does not complete committing a full criminal offence, and the mechanisms used to hold those other than primary offenders accountable for criminal acts. The module concludes by bringing together aspects of public and criminal law to explore the social, political and legal contexts of human trafficking and modern slavery.

This module emphasises the critical and comparative analysis of public and criminal law so you'll 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'll 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.

Entry

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.

Study materials

What's included

You'll be provided with two text books:

• Ian Loveland, Constitutional Law, Administrative Law, and Human Rights: A critical introduction
• Kyd, S, Elliott, T. and Walters, M.A. (2017) Clarkson and Keating Criminal Law: Text and Materials.

You'll also have access to a module website, which includes:

• a week-by-week study planner
• module materials
• assessment guides
• online tutorials and forums
• electronic versions of the text books.

Computing requirements

You'll need broadband internet access and a desktop or laptop computer with an up-to-date version of Windows (10 or 11) or macOS Ventura or higher.

Any additional software will be provided or is generally freely available.

To join in spoken conversations in tutorials, we recommend a wired headset (headphones/earphones with a built-in microphone).

Our module websites comply with web standards, and any modern browser is suitable for most activities.

Our OU Study mobile app will operate on all current, supported versions of Android and iOS. It's not available on Kindle.

It's also possible to access some module materials on a mobile phone, tablet device or Chromebook. However, as you may be asked to install additional software or use certain applications, you'll also require a desktop or laptop, as described above.

Teaching and assessment

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.

If you have a disability

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

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.