Lesson 1: Constitutional and Administrative Law for Postgraduates

A comprehensive course note covering the full constitutional and administrative law syllabus.

Faculty of Law Department of Human Rights, Constitutionalism and Criminal Justice CONSTITUTIONAL AND ADMINISTRATIVE LAW MASTER STUDY NOTE A comprehensive course note covering the full syllabus: foundations, fundamental rights, administrative law, judicial review, comparative public law, governance, special topics, and research methods, with verified authorities, case explanations and revision aids.

Academic Year 2026 to 2027 before reliance in litigation or formal academic submission.

Introduction and Scope: How to Use This Note

PART I: CORE FOUNDATIONS OF CONSTITUTIONAL LAW

1. What a Constitution Is: Nature, Sources and Evolution

2. Types of Constitution

3. Constitutional Supremacy and the Rule of Law

4. Separation of Powers

5. Judicial Review: Concept, Justiciability and Standing

6. Constitutional Amendments, Entrenchment and Conventions

7. Constitutional Interpretation

8. Emergency Powers and Constitutional Constraints

9. Further Research for Part I; Master Recall

PART II: FUNDAMENTAL RIGHTS AND CONSTITUTIONAL REMEDIES

10. The Concept of Fundamental Rights and Their Theoretical Foundations

11. The Chapter III Catalogue of Rights

12. Limitations on Rights: Proportionality and Reasonable Restrictions

13. Positive and Negative Rights; Socio-Economic Rights

14. Enforcement and Remedies: Section 28, the Writs and Public Interest Litigation

15. Equality, Non-Discrimination and Ameliorative Measures

16. Rights in Action: Landmark Cases and Current Sierra Leonean Controversies

17. Further Research for Part II; Master Recall

PART III: ADMINISTRATIVE LAW: FOUNDATIONS AND CONTROL OF PUBLIC POWER

18. Nature and Scope of Administrative Law

19. Delegated Legislation, Rulemaking and the Ultra Vires Doctrine

20. Administrative Discretion and Its Control

21. The Grounds of Judicial Review: The GCHQ Framework

22. Natural Justice and Procedural Fairness

23. Legitimate Expectation

24. Ouster Clauses and the Anisminic Principle

25. Remedies, Tribunals and the Ombudsman

26. Further Research for Part III; Master Recall

PART IV: JUDICIAL REVIEW AND CONSTITUTIONAL ADJUDICATION

27. Foundations and Theories of Judicial Review

28. Standing and Justiciability in Constitutional Litigation

29. Constitutional Court Structures Compared

30. Judicial Independence and Accountability

31. Sierra Leone Case Study: Sam Sumana v Attorney-General

32. Activism versus Restraint; Remedies in Constitutional Adjudication

33. Further Research for Part IV; Master Recall

PART V: COMPARATIVE CONSTITUTIONAL AND ADMINISTRATIVE LAW

34. The Comparative Method and Legal Families

35. Theme One: Constitutional Design: Federalism, Unitary States, Decentralisation

36. Theme Two: Rights Protection Systems Across Jurisdictions

37. Theme Three: Judicial Review in Comparative Perspective

38. Theme Four: Administrative Law Reform in Modern Times

39. Theme Five: Public Security and Emergency Regimes

40. Theme Six: Digital Governance, Data Protection and Constitutional Limits

41. Themes Seven and Eight: Convergence and Global Trends

42. Further Research for Part V; Master Recall

PART VI: PUBLIC LAW AND THE GOVERNANCE OF PUBLIC INSTITUTIONS

43. Constitutional Governance of the Executive Branch

44. Parliament: Oversight and Accountability

45. Public Finance and Budgeting within the Constitution

46. Public Bodies: Appointment, Independence and Ethics

47. Transparency, Access to Information and Anti-Corruption

48. Administrative Justice, Grievance Redress and Regulatory Agencies

49. Further Research for Part VI; Master Recall

PART VII: SPECIAL TOPICS IN CONSTITUTIONAL AND ADMINISTRATIVE LAW

50. Security, Counter-Terrorism and Human Rights

51. Privacy, Surveillance and Data Protection

52. Immigration, Nationality and Refugee Law within Constitutional Bounds

53. Health, Education, Welfare and Environmental Constitutionalism

54. Digital Constitutionalism and AI Governance

55. Constitutional Design for Post-Conflict Settings; Constitutional Theory

56. Further Research for Part VII; Master Recall

PART VIII: RESEARCH METHODS AND DISSERTATION PREPARATION

57. Research Questions, Methodologies and Design

58. Scholarly Writing, OSCOLA and the Dissertation

The method of the note is deliberate. First, every principle is explained in plain language before it is dressed in legal vocabulary: if a twelve year old could not follow the first sentence of an explanation, the explanation has been rewritten.

Second, every major case is told as a story: facts, issues, decision, principle, and why it matters in Freetown, followed by a memory hook to fix the name and the holding in the mind. Third, every chapter closes with two boxes: a Summary, which restates the chapter in a handful of lines, and a Recall Outline, a skeletal list of triggers to be expanded from memory as self-testing. Fourth, every Part closes with a Further Research section pointing to the books and articles, including those of the course tutor, with which a postgraduate candidate should deepen the topic, and a Master Recall covering the whole Part.

A word on honesty. In preparing this note the compiler checked the section numbers and case references that circulated in class materials against the constitutional text and public databases. A small number required correction, and the corrections are made silently in the body but collected openly in the Note on Verification and Corrections near the end. The two most important are these: the vesting of executive power in the President is section 53, not section 56; and the Supreme Court’s exclusive original jurisdiction in constitutional interpretation is section 124, not section 111. Getting these numbers right in an examination signals mastery; getting them wrong signals copying.