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Legislative Drafting


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LEGISLATIVE DRAFTING

 

Course Date: *12 September 2022 (This programme has been scheduled a few weeks later to a date that will be confirmed shortly)

Cost: $8 000 (Hybrid) R129 400 (Hybrid) OR $6, 900 (Online) R111 605 (Online)

Location: Online/in - person Johannesburg, South Africa

Programme Overview: Well-drafted legislation is fundamental to a country’s and region’s legal system and its overall economic development. Professionals who possess the skills to draft, interpret, and apply laws are essential to protecting democratic forms of government across the African continent. This intensive nine-week programme directs participants to achieve an intelligible and confident style of drafting and engages participants in the practical drafting of legislation.  It further hones participants’ skills in drafting amendments, interpreting statutes and appreciating the policy behind the drafting process.  Using a multidisciplinary approach facilitated by key regional and international experts, participants gain hands-on experience in drafting legislation through individual and group exercises and research opportunities.

Programme Outline:

LEGISLATIVE DRAFTING TOPICS
• Legislative Drafting- An Assessment
• Understanding Policy and Linking it to instruction for Legislation
• Regulatory Impact Assessment
• Five stages of drafting of legislation
• Functional view of legislation
• Approach to drafting and drafting Styles
• Legislative sentence and Legislative language
• Structure of Legislation
• Functional Interpretation of Legislation- Interpretation Cannons
• Parts of a Bill
• Amendments
• Subordinate Legislation
• Domestication of International Agreements
• Consolidation, Codification, Revision and Reform of Legislation

CONTEXT OF LEGISLATION TOPICS
The Context of Legislation subject covers the following highly related topics:
1. Legislative Process which will cover:
Research
Authority to draft – LAP
Understanding and analyzing instructions
Value additions

2. Functionality of Law which will cover:
Law as an Institution
Sources of legislation
The Function of legislation
Hierarchy of Rules; and
Efficacy, Impact and Measurement of Legislation.

3. Regulatory Impact Assessment (RIA) which will cover:
What is a RIA;
Research, data and consultation;
Cost Benefit Analysis;
Model Cost Calculation- Standard Cost Calculator; and
drawing up a RIA Report.

COMPARATIVE CONSTITUTIONS

The Comparative Constitution subject covers the following highly related topics:

  1. The Constitution and Legislative Draftspersons
  2. Theorising Government and the Instrumentality of Governance
  3. Primacy of Legislation
  4. The Constitution and its major components
  5. Making of Constitutions –
    • the Need;
    • the Agenda;
    • major players; and
    • consultative process,
  6. The legitimisation process
  7. Constitutionalism and democracy
  8. Constitutionalism and the constitution
  9. Restraints on Government.

 

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