Undergraduate Module Descriptor

LAW2104: Changing the Law - Theory and Practice

This module descriptor refers to the 2018/9 academic year.

Module Aims

This module aims to provide you with:

a good working knowledge of the key aspects of statutory law reform—how decisions are taken by the Executive, the role of the Law Commissions and the Parliamentary process;
insights into the way law may be shaped through the lobbying power of commercial interests and others;
an understanding of the role of the judiciary and the willingness or reluctance of individual judges to intervene where law is perceived as unsatisfactory;
an awareness of international influences on the formation of our law.

The module will enable you to:

assess critically the law reform process, identifying its strengths and weaknesses,
identify the hidden pressure exerted by commercial and other interests,
evaluate the effectiveness of the law reform process, using case studies,
understand how law reform might in given circumstances best be achieved.

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. Explain and evaluate the main legal institutions and procedures relevant to law reform. 2. Identify, explain and discuss key issues in law reform and to apply relevant rules and theories.
Discipline-Specific Skills	3. Demonstrate knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the ability to explain the relationships among them. 4. Select and present in a coherent way, orally and in writing, relevant law and legal/theoretical arguments.
Personal and Key Skills	5. Manage relevant learning resources/ information/ learning strategies and to develop own arguments and opinions with some guidance. 6. Work independently and to manage time efficiently in preparing for scheduled learning activities, exercises and assessments.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics, utilising case studies where appropriate:

Who makes law, the constraints and challenges, the divide between political and technocratic cultures.
The international dimension.
Acts of Parliament—the respective roles of departments and Parliament.
When Parliament fails to act.
How important is law-making to MPs, compared with all the other things they do? How can Parliamentary scrutiny be improved?
The role of Parliamentary Counsel—reconciling political pressures with the technicalities of drafting. Are some clauses simply declaratory, with no technical content?
Judges—to what extent can and should they engage in law reform?
The Law Commissions—why are some reports implemented and others not?
Delegated legislation.

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
29.5	120.5	0

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Category	Hours of study time	Description
Scheduled Learning and Teaching	22	11 x 2 hour Lectures
Scheduled Learning and Teaching	7.5	5 x 1.5 hour Workshops
Guided Independent study	52.5	Individual reading and lecture preparation
Guided Independent study	18	Workshop preparation
Guided Independent study	40	Assessment preparation
Guided Independent study	10	Formative assessment

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

Basic reading:

Robert Rogers and Rhodri Walters, How Parliament Works, 7th ed (2015) (£30.38)

Anthony King, Who Governs Britain (2015) (£6.77 paperback, £3.49 Kindle)

John Kay, Other People’s Money (on financial regulation). (2016) (£7.43 paperback, £6.47 kindle).

The devil is in the detail: Parliament and Delegated Legislation (£15)

Michael Zander, The Law Making Process (2015) £38.86

Making Better Law: Reform of the Legislative Process (2010)

Parliament, Policy and Lawmaking (2004) (free)