This course will introduce students to legislative drafting. Students will develop drafting skills and familiarity with approaches to legislative drafting typical in common law jurisdictions. This course will focus upon the nature of legislation and the steps in the preparation of legislation in common law jurisdictions; legislative punctuation and grammar; and drafting legislative sentences.
Legal Studies 551: Introduction to Legislative Drafting focuses on the nature of legislation and on the steps in preparing legislation in common law jurisdictions, using legislative punctuation and grammar, and drafting legislative sentences. You will develop drafting skills and become familiar with approaches to legislative drafting that are typical in common law jurisdictions.
Students will continue to develop their drafting skills and familiarity with approaches to legislative drafting typical in common law jurisdictions. This course considers the structure and organization of legislative texts, good legislative style and the legal context in which legislation operates in terms of its interpretation and constitutional limits, including fundamental rights and freedoms.
In Legal Studies 555: Drafting Preliminary, Amending, and Final Provisions, students will apply their developing drafting skills in more complex tasks. This course will focus on provisions that appear at the beginning or end of a legislative text to perform mainly technical functions. Most of these do not contain substantive rules of law. But they play important functions in establishing the authenticity of the legislation, in supporting its operation and use and in ensuring that new legislation is compatible with existing legislation. These provisions include titles, preambles, commencement and duration provisions, interpretation provisions, purpose clauses, application provisions and schedules.
Sudents will rely upon the foundation of drafting skills they have developed in previous courses 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 compliance and other implementation provisions; delegating powers; and subsidiary legislation. It also considers how the drafter works with clients in the legislative process.
Students will pursue a significant drafting project relying upon the foundation of drafting skills they have developed in all previous courses. This course will focus upon independent research and legislative drafting. In consultation with the instructor the student will select a current law reform project, prepare instructions for a new piece of legislation; prepare an effective legislative plan; and prepare and defend an original piece of legislation.