Legislative Drafting

14 Sep 09 - 30 Oct 09 - London Book this course
Duration: 7 weeks
Price:£8900
Course ref: 9LD1

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 confidence on the scope and effect of legislation
  • Be more aware of the constitutionality of proposed legislation
  • Includes a laptop computer

Course content
  • The basic elements of drafting
  • The function of legislation
  • The role and responsibility of legislative counsel
  • Preparatory stages of drafting
  • The principles of legislative expression
  • Legislative syntax
  • The function of plain English
  • The structure and format of legislative drafts
  • The use of definitions
  • The value of the Interpretation Act
  • The legislative plan and common difficulties encountered in drafting
  • Getting drafting instructions
  • Statutory interpretation
  • Constitutional constraints
  • Preliminary provisions
  • Repeals
  • Transitional and savings provisions
  • Amending legislation
  • Penal provisions
  • Subsidiary legislation
  • Retrospective and retroactive provisions
  • Particular types of legislation (creating statutory authorities, licensing, taxation, implementing treaties)
  • Law revision and law reform

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