LAW DEVELOPMENT CENTRE

LEGISLATIVE DRAFTING-MODULE 1

PA-BABRA TURYASINGURA

Introduction

Legislative Drafting is an important subject for a lawyer who desires to learn how
to draft legislation and be able to interpret different documents. The skills a person
learns can equip him or her with analytical approach to legal documents and
application of human rights.

Learning outcomes for the whole course

By the end of the Unit you should be able to;

1. Identify the key aspects of drafting a legislative sentence,

2. Identify the principles applicable to drafting a penal provision,

3. Draft provisions and number them appropriately,

4. Identify the difference between primary and subsidiary legislation;

5. Examine the reasons for subsidiary legislation;

6. Describe the structure of a legislation;

7. Explain the reasons for amendment of legislation;

8. Identify the different types of amendments;

9. Draft an amending legislation;

10.Use appropriate punctuation marks in legislation;

11.Identify the principles or canons of statutory interpretation;

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12.Appreciate the importance of clarity in expression of legislation;

13.Appreciate the relationship between legislative drafting and statutory

interpretation.

Teaching Methods

The Course will be delivered in modules using lecture method to give the theory
on each topic. This will be combined with discussions and many exercises done in
groups or individually. Power point presentations will also be used. Handouts will
be given to students for reference purposes. An examination marked out of 100%.

MODULE 1: The Legislative Drafting Process

This Module introduces the subject of Legislative Drafting by covering how

legislation is originated and the importance of legal research before a legislation is
drafted.

Learning outcomes:

By the end of this module you should be able to;

(a) Appreciate the origin and processes of drafting legislation;

(b) Appreciate the need for research before drafting legislation, and

(c) Conduct research before drafting legislation

Content:

1) Introduction on the Need for Legislation

2) The Process of Drafting Legislation

3) Legal Research prior to drafting legislation

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Suggested reading materials for the entire course

1) Crabbe, Victor C.R.A.C., Legislative Drafting, London, Cavendish, 1993;

Chapter 8

2) Dickerson, Reed, Materials on Legal Drafting, (1981): specifically Chapter 9,

pages 212 – 229

3) Driedger, Elmer A., The Composition of Legislation; Legislative Forms and

Precedents, 2nd Edition (1976),

4) Thornton, Grant C., Legislative Drafting, 4th Edition, London, Butterworth,

1996

5) Human Rights Based Approach [UN Publication]

6) Crabbe, Victor C.R.A.C., Legislative Drafting, London, Cavendish, 1993;

Chapter 8

7) Dickerson, Reed, Materials on Legal Drafting, (1981): specifically Chapter 9,

pages 212 – 229;

8) Driedger, Elmer A., The Composition of Legislation; Legislative Forms and

Precedents, 2nd Edition (1976),

9) Thornton, Grant C., Legislative Drafting, 4th Edition, London, Butterworth,

1996

10)Crabbe, Victor C.R.A.C., Legislative Drafting, London, Cavendish, 1993;

11)Dickerson, Reed, Materials on Legal Drafting, (1981)

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12)Driedger, Elmer A., The Composition of Legislation; Legislative Forms and

Precedents, 2nd Edition (1976),

13)Thornton, Grant C., Legislative Drafting, 4th Edition, London, Butterworth,

1996

14)Principles of Legislative and Regulatory Drafting, by Ian McLeod (2009),

pages 159 - 176

15)Crabbe, Victor C.R.A.C., Legislative Drafting, London, Cavendish, 1993;

16)Legal Methods and Systems, 4th Edition by Carl F. Stychin and Linda

Mulcahy, pages 25-31

17)Understanding Statutes by V.C.A.R. Crabbe, Chapter 4, pages 82 – 117

18)The Closing Chapter, by Lord Denning, Section 4, pages 92 - 114

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