Legislative Drafting

13 Sep 10 - 29 Oct 10 - London Book this course
Duration: 7 weeks
Price:£9100
Course ref: 10LD

Overview:

‘Like many people in many trades and professions – authors, journalists, advertising copywriters, politicians, priests and others – the legislative draftsman, is, or must aim to be, a craftsman in the use of language. It has sometimes been said that words are the tools of his trade but this metaphor is unacceptable. Words are more than this. They are the raw material with which the draftsman works, inextricably bound up with his thought processes and quite lacking in the passivity, stability and fixity of purpose recognised in a chisel or a hammer.’ (Thornton, Legislative Drafting)

Designed by Professor Keith Patchett, Emeritus Professor of Law at the University of Wales in Cardiff, and facilitated by Roger Rose, formerly First Parliamentary Counsel in Kenya, this programme will put great emphasis on the individual development of your practical skills as a legislative drafter, and equip you with the means and knowledge required for the effective drafting of legislation. Centred on twice-weekly exercises that gradually increase in scope and complexity, this highly practical and world-renowned programme will provide you with the opportunity to put into tangible effect, the techniques and knowhow of legislative preparation that have been introduced in class seminars.
 



Learning objective
You will be able to:
  • Support the legislative process by the more effective drafting of legislation
  • Understand why legislation is structured in the way it is
  • Quickly read and understand the effect of legislation
  • Advise interested departments with greater confidence on the scope and effect of legislation
  • Be more aware of the constitutionality of proposed legislation
  • Includes a laptop computer

Course content
  • The function of legislation
  • The role and responsibility of legislative counsel
  • The basic elements of legislation
    • Principles of legislative expression, legislative syntax, the function of plain language, structure and format of legislative drafts and correct uses of punctuation
  • The use of definitions
  • The value of the Interpretation Act
  • The legislative plan
  • Common difficulties encountered in drafting
  • What drafting instructions should contain
  • The process of amending legislation
  • The contents, functions and consequences of
    • Introductory material, preliminary provisions, repeal provisions, transitional and savings provisions and schedules
  • The drafting of particular types of provisions
    • Offences and penalties, delegated powers to legislate, retrospective and retroactive provisions and legislation having extra-territorial effect
  • Types of subsidiary legislation
  • Particular types of primary legislation (creating statutory authorities, licensing, taxation, implementing treaties)
  • Statutory interpretation
  • Constitutional constraints
  • The purposes of law revision and law reform

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