Public Law (D/650/4969) Assignment Brief 2026
| Qualification | OTHM Level 4 Diploma in Law (610/1969/0) |
| Unit Reference Number | D/650/4969 |
| Unit Title | Public Law |
| Unit Level | 4 |
| Number of Credits | 20 |
| Total Qualification Time (TQT) | 200 hours |
| Guided Learning Hours (GLH) | 100 hours |
| Mandatory / Optional | Mandatory |
| Sector Subject Area (SSA) | 15.5 Law and legal services |
| Unit Grading Type | Pass/Fail |
Unit Aims
This unit aims to inform learners about the nature and purpose of constitutions, differing between written and unwritten forms. The separation of powers will be a focus of the unit, with learners examining the relationship between the legislative, executive and judicial branches of state. The role of the monarchy will also be considered. Learners will be informed about the powers of parliament, as well as the checks and balances of power through an impartial and non- political judiciary and its judicial review.
Learning Outcomes, Assessment Criteria and Indicative Content
| Learning Outcomes – The learner will: |
Assessment Criteria – The learner can: |
Indicative content |
| 1.Understand the nature of constitutions and the separation of powers. |
1.1 Describe the nature and purpose of written and unwritten constitutions. 1.2 Analyse various types of constitution and constitutional conventions. 1.3 Explain the separation of powers. |
• A constitution • Written and unwritten constitutions, rigid or flexible • Sources of law where a constitution is unwritten • Most democratic countries have written constitutions, the UK has an unwritten constitution • The European Convention on Human rights and the Magna Carta of 1215 • Federal and unitary constitutions • Republican and monarchical constitutions • Constitutional conventions, legal and non legal sources of law • The nature and scope of conventions • The role of the Executive • Executive powers • The three branches of state and their respective roles and powers; legislative, executive and judiciary. • Assess how separate the three powers are within the UK. • The Constitutional Reform Act 2005, the rule of law • The role of the monarch • The monarchy, the head of state, the administration, Her Majesty’s government, the Prime Minister and Cabinet, jurisdictions without a monarchy, constitutional theory, governments and devolution, central, regional and local government |
| 2.Understand Parliamentary Powers. | 2.1 Analyse the relationship between the two houses of UK Parliament.
2.2 Describe the relationship between parliament and government. 2.3 Evaluate the concept of Parliamentary sovereignty. |
• Parliament as the legislative branch • The relationship and powers of the House of Commons and the House of Lords • The ‘Westminster model’ of government as drawn from the majority party or parties in the House of Commons and House of Lords. • The influence of individual MPs and Lords to create law through Private Members’ Bills. • Select committees’ powers to question and challenge government ministers • Direct democracy as a challenge to the Westminster model, including referendums and e-petitions • Defining the executive • The function of the executive • Prerogative power – The royal prerogative – Political or executive prerogative – Government prerogative powers derived from common law – The parliamentary executive and scrutiny of government ministers – Collective and individual responsibility to parliament – Parliament as a constitutional check on the executive – Ministerial responsibility and the Ministerial Code – Parliamentary privilege – Devolution of parliament – Parliamentary sovereignty and the European Convention on Human Rights (ECHR) – The Human Rights Act 1998 ‘interpretive duty’ under s3 and declaration of incompatibility’ s4 – Parliaments power to delegate law making powers, statutory instruments and by-laws – Parliamentary control and accountability for delegated legislation |
| 3.Understand the role of Judicial Review. | 3.1 Explain the role of the Judiciary.
3.2 Analyse how the judiciary upholds the separation of powers. 3.3 Assess the role of the judiciary as a means of controlling government bodies. 3.4 Analyse the nature and purpose of judicial review. 3.5 Explain the grounds for judicial review. |
• The judicial arm of the state • The judiciary is independent and impartial of any political party • The judiciary has a scrutiny function through performing judicial review. • The judiciary provides a ‘neutral’, non- political check on government • The judiciary holds the government to account and regulates government in relation to the principles of administrative law. • The judiciary ensures public bodies act with proportionality and in accordance with rules of natural justice. • Judicial review is part of the UK constitution • Judicial review is a means of enforcing the rule of law and ensuring public bodies do not exceed their legitimate powers • Judicial review allows a claimant to challenge the decision of a government department, body or local authority in a court of law (High Court). • The judge reviews the lawfulness of a decision or action of a public body. • The judge will consider rules of fairness, integrity of process, and exercise of executive powers in accordance with the rights in the ECHR. • Judicial Review – operation and grounds procedural unfairness and legitimate expectation, includes impartiality and lack of representation, a public bodies failure to follow principles of natural justice on the ground of irrationality- no reasonable person, acting reasonably, could have made the decision – ‘Wednesbury unreasonableness’. This ground is rarely successful. • Decisions can also be overturned if the public authority has acted in a way incompatible with the Human Rights Act 1998; unless the public authority is acting under instruction of parliament. • Parliamentary sovereignty, a judge cannot overturn primary legislation. • Secondary legislation may be judicially reviewed. |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count (approx. length) |
| All 1 to 3 | All ACs under LO1 to LO3 | Portfolio of evidence | 3000 words |
Indicative Reading List
- Public Law: Text, Cases, and Materials, (5^{text{th}}) Edition, Le Sueur, A. Sunkin, M. Khushal Murkens, J. E., 2023, Published by OUP
- Public Law, Fourth Edition, Mark Elliott, Robert Thomas, Published by OUP
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