Legal Studies (LGST) 557

Introduction

Following on from the first three courses in the Post-Baccalaureate Diploma in Legislative Drafting, students will rely upon the foundation of drafting skills they have developed and will pursue more complex studies linking various elements of legislative drafting into a more holistic legislative framework. This course will focus upon the drafting of final provisions; delegating powers; repeal and amendment; saving and transitional provisions; drafting schedules; and particular cases including compliance provisions and subsidiary legislation.

Course Objectives

Upon completion of this course students should be able to:

1. provide suitable final provisions, and in particular, to draft:
   • delegated powers to legislate;
   • amending, repeal, saving and transitional provisions, and Schedules; and
   • saving and transitional provisions that have retrospective effect;
2. take account of the law on implied repeal and on the legal effects of repeals in drafting amending repeal, saving and transitional provisions
3. draft penal provisions to create substantive criminal law or to enforce requirements of the legislative scheme established by a Bill;
4. prepare and draft the main types of subsidiary legislation.

Student Evaluation

Students should be prepared to devote the time necessary to complete the various activities in this course: reading actively and critically; researching the law and legal principles and recording the results of that research; engaging in self study exercises; and preparing drafting projects that are appropriate and adequate for their purposes. To help students develop these skills, the course instructor will provide feedback on drafting projects. Students are expected to demonstrate a willingness to work.

To help students plan their individual study schedules, each activity is weighted proportionately. Your work in this course will be evaluated according to the principles of legislative drafting including style, research, background/context, and grammar/mechanics.

To receive credit for Structuring Legislation II, students will be required to complete successfully each of the following activities:

Prepare drafting projects interspersed at appropriate points in the course and weighted as follows:

Drafting Project 1	Drafting Project 2	Drafting Project 3	Drafting Project 4	Drafting Project 5	Drafting Project 6	Total
15%	10%	10%	15%	25%	25%	100%