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Details

Who should attend?
  • 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
Learning 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

Outline

Legislative instruments under the microscope

  1. Types of legislation
  2. Primary and secondary legislation
  3. Dissecting a statute
  4. Structure and elements of an Act of Parliament
  5. Assembling the machinery of an Act
  6. Problems with how laws work

Drafting Legislation

  1. Principles of drafting
  2. Alternative approaches
  3. Planning your draft
  4. Writing for the reader
  5. Using plain English
  6. Dos and Don’ts in drafting
  7. Writing instructions for the parliamentary draftsman

Interpretation and construction of Statutes

  1. Identifying the purpose of a law
  2. The Mischief Rule
  3. The Golden Rule
  4. Judicial interpretation of legislation
  5. Judicial creativity and the sovereignty of parliament

Stakeholder participation in Law-Making

  1. The need for involvement
  2. Formal and informal consultation
  3. Consultation processes
  4. The draft Bill and consultation
  5. Ethical lobbying
  6. The role of the public affairs professional

Turning Policy into practice

  1. Why do some laws fail to achieve their objectives?
  2. Effective and ineffective law making
  3. Education, communication and legal effectiveness
  4. The challenge of over-complex laws
  5. How to address legal effectiveness issues
  6. Alternatives to law making – nudge theory
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International Development Training

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