Drafting Legislation
Starting dates and places
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Description
- Senior Managers and Government personnel responsible for turning policy into legislation
- Officials who instruct Parliamentary draftsmen
- Assistants to legislators involved in creating draft legislation
- Members of parliament, senators, assembly members
- Legal advisors and practitioners from both public and private sectors
Course objectives
- To overcome obstacles to turning policy into legislation
- To understand the process of making new laws
- To contribute to the drafting of new legislation
- To prepare instructions for professional draftsmen
- To practice legislative drafting skills
Course content
Legislative instruments under the microscope
- Types of legislation
- Primary and se…
Frequently asked questions
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- Senior Managers and Government personnel responsible for turning policy into legislation
- Officials who instruct Parliamentary draftsmen
- Assistants to legislators involved in creating draft legislation
- Members of parliament, senators, assembly members
- Legal advisors and practitioners from both public and private sectors
Course objectives
- To overcome obstacles to turning policy into legislation
- To understand the process of making new laws
- To contribute to the drafting of new legislation
- To prepare instructions for professional draftsmen
- To practice legislative drafting skills
Course content
Legislative instruments under the microscope
- Types of legislation
- Primary and secondary legislation
- Dissecting a statute
- Structure and elements of an Act of Parliament
- Assembling the machinery of an Act
- Problems with how laws work
Drafting Legislation
- Principles of drafting
- Alternative approaches
- Planning your draft
- Writing for the reader
- Using plain English
- Dos and Don’ts in drafting
- Writing instructions for the parliamentary draftsman
Interpretation and construction of Statutes
- Identifying the purpose of a law
- The Mischief Rule
- The Golden Rule
- Judicial interpretation of legislation
- Judicial creativity and the sovereignty of parliament
Stakeholder participation in Law-Making
- The need for involvement
- Formal and informal consultation
- Consultation processes
- The draft Bill and consultation
- Ethical lobbying
- The role of the public affairs professional
Turning Policy into practice
- Why do some laws fail to achieve their objectives?
- Effective and ineffective law making
- Education, communication and legal effectiveness
- The challenge of over-complex laws
- How to address legal effectiveness issues
- Alternatives to law making – nudge theory
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