INTRODUCTION
This Legislative Drafting Course was designed to enable participants acquire the requisite skills to support the legislative process through more effective drafting, understand why legislation is structured in the way it is, as well as advise interested departments on the scope and effect of legislation, with greater confidence. “In drafting legislation, legislative counsel are not merely putting words to propose (Government)policy. They are also giving a legal opinion, based on the application of the statutory interpretation, that the words they are writing will have the intended legal effect.”
Participants for this course will be able to apply legislative drafting principles and analysis to proposals for new legislation in order to achieve intended legal effect. This course will also help delegates to identify, analyze and reflect on the different roles played by legislation in effecting regulatory and policy objectives and the influence these roles have in the approach to legislative drafting
COURSE OBJECTIVES
This legislative drafting course was designed to help participants to:
• make use of legal innovation to influence policy development
• understand how new laws are made
• overcome the hurdles to making policy turn into legislation
• pinpoint the role of law in solving policy challenges
• participate in the drafting of new legislation
• practice thceir drafting skills
• prepare a set of instructions for professional draftsmen
WHO SHOULD ATTEND
This course will of great benefits to:
• Legal advisors and practitioners from both public and private sectors
• Corporate advisors concerned with influencing the creation of new legislation
• Departmental Policy makers in the public service
• Senior Managers and Government personnel responsible for turning policy into legislation
• Officials who instruct Parliamentary draftsmen
• Public affairs professionals
• Members of parliament, senators, assembly members
Course Curriculum
| Module 1: Introduction to Law-Making | |||
| Source and Origins of Law | 00:25:00 | ||
| Types of Law | 00:50:00 | ||
| The Common Law System | 00:00:00 | ||
| Continental legal systems and the Napoleonic Code | 01:00:00 | ||
| Law and the constitution | 00:12:00 | ||
| Key legal principles examined from English criminal law, law of torts, contract law | 00:30:00 | ||
| Module 2: The Law Makers – Government | |||
| Institutions of government | 00:22:00 | ||
| Separation of Powers | 00:00:00 | ||
| Role of the Judiciary | 00:35:00 | ||
| How the Legislature functions | 00:45:00 | ||
| The Westminster model | 00:30:00 | ||
| The Presidential System | 00:00:00 | ||
| Scrutiny of the Law Makers | 00:45:00 | ||
| Module 3: Effective Policy Making | |||
| What is Policy? | 00:20:00 | ||
| Sources of Policy | 00:20:00 | ||
| Role and Responsibilities in Policy Making | 00:25:00 | ||
| Setting Policy Priorities | 00:40:00 | ||
| The Process of Turning Policy Into New Laws | FREE | 00:30:00 | |
| Gaining Buy-in to Legal Change | 00:20:00 | ||
| Module 4: The Law-Making Process | |||
| From Policy to the Draft Bill | 00:45:00 | ||
| Who Does What in Making Legislation? | 00:30:00 | ||
| Stages of the Process | 00:30:00 | ||
| Legislative Timetables | 00:10:00 | ||
| Assessing Regulatory Impact | 00:10:00 | ||
| Module 5: Getting Results with Law-Making | |||
| Constraints on the Process of Making Laws | 00:20:00 | ||
| Amending and Developing the Law | 01:00:00 | ||
| Compliance and Enforcement | 00:35:00 | ||
| Avoidance and Evasion | FREE | 00:45:00 | |
| Is Legal Compliance Voluntary? | 00:20:00 | ||
| Module 6: Legislative Instruments Under the Microscope | |||
| Types of Law | 00:50:00 | ||
| Primary and Secondary Legislation | 00:00:00 | ||
| Dissecting a Statute | 00:00:00 | ||
| Structure and Elements of an Act of Parliament | 00:00:00 | ||
| Assembling the Machinery of an Act | 00:00:00 | ||
| Problems With How Laws Work | 00:00:00 | ||
| Module 7: Drafting Legislation | |||
| Principles of Drafting | 00:00:00 | ||
| Alternative Approaches | 00:00:00 | ||
| Planning Your Draft | 00:00:00 | ||
| Writing For The Reader | 00:00:00 | ||
| Using Plain English | 00:00:00 | ||
| Dos and Don’ts in Drafting | 00:00:00 | ||
| Writing Instructions For The Parliamentary Draftsman | 00:00:00 | ||
| Module 8: Stakeholder Participation in Law-Making | |||
| The Need for Involvement | 00:00:00 | ||
| Formal and Informal Consultation | 00:00:00 | ||
| Consultation Processes | 00:00:00 | ||
| The Draft Bill and Consultation | 00:00:00 | ||
| Ethical Lobbying | 00:00:00 | ||
| The Role of The Public Affairs Professional | 00:00:00 | ||
| Module 9: Turning Policy into Practice | |||
| Why Do Some Laws Fail to Achieve Their Objectives? | 00:00:00 | ||
| Effective and Ineffective Law Making | 00:00:00 | ||
| Education, Communication and Legal Effectiveness | 00:00:00 | ||
| The Challenge of Over-Complex Laws | 00:00:00 | ||
| How to Address Legal Effectiveness Issues | 00:00:00 | ||
| Alternatives to Law Making – Nudge Theory | 00:00:00 | ||
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