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Course Outline
Day 1: Introduction to Legislative Drafting
Understanding Legislative Drafting
- The purpose and role of legislative drafting.
- Characteristics that make legislation effective.
- Principles governing good legislative drafting.
- Distinguishing legislative drafting from ordinary legal writing.
- Identifying the intended audience and users of legislation.
- Transitioning from policy objectives to legislative provisions.
The Legislative Process
- Identifying the necessity for legislation.
- Policy development and legal implementation strategies.
- Stages within the legislative process.
- Roles of policymakers, legal advisers, and legislative drafters.
- Differentiation between primary and secondary/subordinate legislation.
Structure of Legislation
- Titles and introductory provisions.
- Parts, chapters, sections, and subsections.
- Clauses, paragraphs, and subparagraphs.
- Schedules and annexes.
- Definitions and interpretation provisions.
Practical Exercise
- Analyzing the structure of a sample statute.
- Determining the purpose and function of various provisions.
Day 2: Principles of Clear and Effective Legislative Language
Writing Clearly and Precisely
- Application of plain language in legislation.
- Emphasis on precision and consistency.
- Strategies for avoiding ambiguity and uncertainty.
- Selecting appropriate legal terminology.
- Sentence structure and drafting style considerations.
- Eliminating unnecessary words and complexity.
Definitions and Interpretation
- Appropriate use cases for definitions.
- Drafting effective definition clauses.
- Differentiating between general and specific definitions.
- Maintaining consistency in the use of defined terms.
- Implementing interpretation provisions.
Rights, Duties, Powers, and Prohibitions
- Drafting mandatory requirements.
- Establishing rights and entitlements.
- Granting powers and authorities.
- Formulating prohibitions and restrictions.
- Appropriate use of terms such as "shall", "may", and "must".
Practical Exercise
- Rewriting unclear or ambiguous legal provisions.
- Drafting foundational rights, duties, powers, and prohibitions.
Day 3: Drafting Legislative Provisions
Drafting Substantive Provisions
- Establishing legal rules.
- Setting conditions and requirements.
- Creating procedures and processes.
- Drafting exceptions and qualifications.
- Addressing discretion and administrative powers.
Offences, Penalties, and Enforcement
- Foundational principles for drafting offences.
- Identifying prohibited conduct.
- Drafting penalties and sanctions.
- Including enforcement provisions.
- Avoiding uncertainty in offence provisions.
Administrative and Regulatory Provisions
- Appointments and responsibilities.
- Licensing and approval provisions.
- Regulatory powers.
- Inspection and investigation powers.
- Appeals and review mechanisms.
Practical Exercise
- Drafting a set of legislative provisions based on a policy scenario.
- Reviewing provisions for clarity, consistency, and legal effect.
Day 4: Structuring, Reviewing, and Improving Legislation
Building a Legislative Framework
- Logical organization of provisions.
- Connecting related provisions.
- Sequencing substantive and procedural rules.
- Implementing cross-referencing provisions.
- Drafting schedules and supporting provisions.
Consistency and Legal Coherence
- Ensuring consistent terminology throughout the document.
- Avoiding contradictions.
- Verifying internal references.
- Identifying gaps and unintended consequences.
- Ensuring consistency with existing legislation.
Reviewing and Editing Draft Legislation
- Technical review of legislative text.
- Identifying ambiguity and uncertainty.
- Checking grammar and legislative style.
- Testing provisions against practical scenarios.
- Incorporating comments and amendments.
Practical Workshop
- Review of a sample legislative draft.
- Identifying drafting problems.
- Redrafting selected provisions.
- Facilitator feedback and discussion.
Day 5: Practical Legislative Drafting Workshop
From Policy to Legislation
- Understanding a policy instruction.
- Identifying the legal issues.
- Determining the required legislative framework.
- Translating policy objectives into legal rules.
Drafting the Legislation
- Developing the structure.
- Drafting key provisions.
- Preparing definitions and interpretation clauses.
- Drafting powers, duties, procedures, and enforcement provisions.
- Reviewing the overall consistency of the draft.
Final Legislative Drafting Exercise
Participants will engage with a realistic scenario involving:
- Understanding a policy objective.
- Identifying the required legal provisions.
- Developing a legislative structure.
- Drafting selected sections of legislation.
- Reviewing and refining the draft.
- Presenting and discussing the proposed provisions.
- Receiving facilitator feedback.
Requirements
- A foundational understanding of legal concepts and terminology.
- Proficiency in reading and comprehending legal or regulatory documents.
- Solid written and verbal communication skills.
- An interest in legislation, regulation, legal policy, or government/legal sectors.
- While not mandatory, basic experience in legal, compliance, regulatory, policy, or administrative environments is beneficial.
35 Hours
Testimonials (2)
Fun to talk
Jihan Fadila - BAF
Course - Root Cause Analysis (RCA) for Internal Audit
Very practical. Trainer was very flexible in ensuring we meet our needs.
