Law-Making and Legislative Drafting

This seminar stresses learning by doing. Participants will convert specific legislative proposals into the drafting of bills. Instruction will include the basics in drafting common statutory provisions.

CONTENT

The Law Makers – Government Systems Compared

• Institutions of government
• Separation of powers
• Role of the Judiciary
• How the Legislature functions
• The presidential system
• Scrutiny of the Law Makers

Effective Policy Making

• What is policy?
• Sources of policy
• Role and responsibilities in policy making
• Setting policy priorities
• The process of turning policy into new laws
• Gaining buy-in to legal change

The Law-Making Process

• From policy to the draft Bill
• Who does what in making legislation?
• Stages of the process
• Legislative timetables
• Assessing regulatory impact
• How the Bill team functions

Getting Results with Law-Making

• Constraints on the process of making laws
• Amending and developing the law
• Compliance and enforcement
• Avoidance and evasion
• Is legal compliance voluntary?

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

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

FOR WHOM:

Legal Officers and others who perform related functions

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.