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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