Study-Unit Description

Study-Unit Description


CODE PPL2011

 
TITLE The Rule of Law

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Public Policy

 
DESCRIPTION This study-unit takes the view that the rule of law is necessary for good government, for social order and for economic activity. Accordingly, it reviews the application of this concept in contemporary governance; identifies requisites for sustaining the rule of law; and studies the likely consequences of eroding the rule of law. Our perspective is that of the political scientist or decision-maker, rather than that of the lawyer, criminologist or sociologist.

The study-unit covers the following concepts and issues:
- Core concepts: the rule of law; justice; rights; freedoms; constitutionalism; due process.
- Issues: the importance of the rule of law from the standpoint of constitutional government, justice, social stability and economic development; the balance between law and discretionary authority; equality before the law; the exercise of power; human rights; dispute resolution; the rule of law in policy responses to terrorism and subversion; towards an international rule of law.

Study-unit Aims:

The aims of this study-unit are to:
- lay the foundations for the study of public policy, alongside political ideas, governing institutions, policy processes, public management and leadership.
- introduce undergraduate students to a set of ideas, issues and institutions associated with the pursuit of legality, constitutionality and justice in governance, thereby giving a philosophical frame of reference to debates about the efficiency, effectiveness and equity of policy-making, public governance and public management.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- illustrate the concept of the rule of law and the place of law in policy-making and governance;
- explain the related concepts of constitutionalism, due process, justice and rights;
- have a working acquaintance with the content of the principal treaties, conventions or constitutional instruments embodying fundamental rights and freedoms;
- have a working knowledge of the principal sources and categories of legislation.

2. Skills:

By the end of the study-unit the student will be able to:
- read, analyse and comment on case studies of policy-making and public governance from the standpoint of the rule of law;
- identify and appraise the questions about rights and justice in case studies of policy-making and public governance.

Main Text/s and any supplementary readings:

- BINGHAM, Tom. 2010. The Rule of Law. London: Allen Lane.
- BULLARD, Alice (ed). 2008. Human Rights in Crisis. Aldershot: Ashgate.
- DAM, Kenneth W. 2006. The Law-Growth Nexus: The Rule of Law and Economic Development. Washington DC: Brookings Institution.
- FREEDEN, M. 1991. Rights. Milton Keynes, Open University.
- GREADY, Paul (ed). 2004. Fighting for Human Rights. London: Routledge.
- HAGUE, Rod & Martin HARROP. 2010. Comparative Government and Politics: An Introduction. Basingstoke: Macmillan.
- SEN, Amartya. 2009. The Idea of Justice. London: Allen Lane.

 
STUDY-UNIT TYPE Lecture and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 20%
Examination (2 Hours) Yes 80%

 
LECTURER/S Bernard Anthony Busuttil

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit