The successful candidate will research the topic of Distinctions and Divides in Administrative Law, spending part of their time on placement at the DoJ and Northern Ireland Law Commission as an integral part of their research.

WHAT THE STUDENTSHIP WILL COVER:

• The funded studentship will cover UK tuition fees, plus matched in-kind funding from DOJ/NILC, for a maximum of three years. For further details re eligibility criteria (including academic, citizenship and residency criteria) please click on the DfE Research Eligibility Guidance Notes.
• The researcher will have standard access to facilities available in the School of Law and the Graduate School at Queen’s University, and will also have access to desk space at the DoJ/Northern Ireland Law Commission. The researcher with engage with staff from the DOJ/Northern Ireland Law Commission Team and will have direct access to the Civil Service and Judicial Libraries.

Applicants must complete the application form on the Queen’s University Postgraduate Applications Portal and also provide an up-to-date curriculum vitae (CV) and a case note of up to 1000 words on the Supreme Court’s ruling in Re McGuinness [2020] UKSC 6, [2021] AC 392. This note should demonstrate an understanding of the distinctions at issue in that case and the Supreme Court’s approach to those.

The closing date for applications is Thursday 13 October 2022 at noon.

Shortlisted candidates will be interviewed (online) during October/early November at a time and date to be arranged.

Candidates will be notified shortly after interview about the outcome of their application. The successful candidate will be expected to commence their studies in late December 2022.

Please insert the code DOJ22 into the Funding section within your application form.

ELIGIBILITY

• UK residents: fees plus stipend. 
• Other EU residents: fees only.

• Please note this studentship is not available to international students.

For further details re eligibility criteria (including academic, citizenship and residency criteria) please click on the DfE Research Eligibility Guidance Notes

• Study can only be undertaken on a full-time basis from December 2022
• Qualifications:
• An Upper Second or First Class Honours degree (or equivalent qualification acceptable to the University) in law, plus a Master's degree (or equivalent qualification acceptable to the University) with an average above 60%.
• Applicants with an Upper Second or First Class Honours degree (or equivalent qualification acceptable to the University) in law who are currently studying a Master’s degree (or equivalent qualification acceptable to the University) will also be considered.
• Applicants with an Upper Second or First Class Honours degree (or equivalent qualification acceptable to the University) in law plus evidence of ability to conduct independent and original research will be considered on a case by case basis.

 

Desirable: Qualification as either a Barrister or a Solicitor.

• For further details re eligibility criteria (including academic, citizenship and residency criteria) please see the DfE Research Eligibility Guidance Notes.

 

RESEARCH PROJECT

Title: Distinctions and Divides in Administrative Law.

Summary: This research project has been co-designed with the DoJ and the Northern Ireland Law Commission. It focuses on the justification for – and the problems presented by – distinctions and divisions in administrative law. These include the line that separates criminal law and civil law for the purposes of judicial review; the public-private divide; the distinction between domestic law and international law; and the difference between domestic law, retained EU law, and EU law as applies under the Ireland-Northern Ireland Protocol. The project will require analysis of the basis for these distinctions and whether they should be retained. The Northern Ireland Law Commission is particularly interested in questions of procedural reform in the context of the criminal law/civil law distinction.

 

The research will develop via library-based research and interviews, where access to judges, lawyers and policy-makers would be facilitated by the Northern Ireland Law Commission.

 

The project will consider:

1. The historical origins of the range of distinctions in administrative law.
2. A review of all relevant case law. 
3. The justification, if any, for the distinctions today. For instance, does judicial review in the criminal sphere require special safeguards or procedures?
4. Options for possible reform, whether judge-led or made by the legislature.
5. The distinctions and their relationship to human rights standards and broader considerations of the rule of law.
6. An economic and resource-based analysis of the likely impact of reform.
7. The wider implications of reform and any additional safeguards that might be required at these important interfaces in the law.

 

Further information: Contact Professor Gordon Anthony (g.anthony@qub.ac.uk)