Law-Making and Legislative Drafting

Course schedule

Classroom Training:
DateVenueDurationPrice
9 - 20 Sep 2024London10 days£7,250

Please note: prices shown above are exclusive of VAT (20%).

Course Overview

Understand the fundamentals of law-making and the legislative drafting process, including principles of good legislation, policy development, and the legislative framework.

Who Should Attend

  • Departmental Policy makers in the public service
  • Senior Managers and Government personnel responsible for turning policy into legislation
  • Officials who instruct Parliamentary draftsman
  • Members of parliament, senators, assembly members
  • Legal advisors and practitioners from both public and private sectors
  • Corporate advisors concerned with influencing the creation of new legislation
  • Public affairs professionals

Course Outcomes

  • Identify the role of law in solving policy challenges
  • Influence the development of policy through legal innovation
  • Overcome obstacles to turning policy into legislation
  • Follow a structured process of making new laws
  • Contribute to the drafting of new legislation
  • Practice their legislative drafting skills
  • Prepare instructions for professional draftsman

Course Topics

Introduction to Law-making

  • Sources and Origins of Law
  • Types of Law
  • The Common Law system
  • Continental legal systems and the Napoleonic Code
  • Law and the constitution
  • Key legal principles examined from English criminal law law of torts contract law

 

The Law Makers – Government Systems Compared

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

 

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

 

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

 

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

 

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

 

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

 

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?

 

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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