Overview
In Legal Studies 557: Compliance and Amending Provisions and Subsidiary Legislation, students 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 complete legislative framework. This course will focus on the drafting of compliance and other implementation provisions, delegating powers and subsidiary legislation.
Outline
LGST 557 consists of five Sections, organized into two Modules:
Module 1: Drafting Other Common Provisions
Section 1: How do we draft compliance provisions?
- General considerations
- Determining what penal provisions are provided
- Drafting penal provisions
Section 2: How do we delegate powers to legislate?
- General considerations
- General approaches to drafting subsidiary legislative powers
- Particular questions
Section 3: How do we draft subsidiary legislation?
- General considerations
- Drafting approach
- Drafting details
- Drafting executive instruments
Module 2: Drafting Amending Provisions
Section 1: What are amending provisions and how are they arranged?
- What are amending and transitional provisions?
- In what order are amending and transitional provisions arranged?
- What section notes are appropriate?
Section 2: How should we repeal and amend legislation?
- General considerations
- Deciding what to repeal or amend
- Drafting repeal provisions
- Drafting amendments
- Concluding questions
Learning outcomes
Upon completion of this course, students should be able to:
- Draft compliance provisions.
- Draft provisions authorizing subsidiary legislation and the consequent legislation.
- Draft amending, repeal and replacement provisions.
- Draft a Bill.
Evaluation
To receive credit for LGST 553, you must complete and submit all of the assignments and achieve a minimum grade of C− (60 percent) for the course.
You will be evaluated according to the principles of legislative drafting, including style, research, background / context and grammar / mechanics. Your final grade in the course will be based on the marks achieved for the following activities.
| Activity | Weight |
| Drafting Project 1 | 10% |
| Drafting Project 2 (Part 1: 5%, Part 2: 5%, Part 3: 5%) | 15% |
| Drafting Project 3 (Part 1: 10%, Part 2: 5%) | 15% |
| Drafting Project 4 | 60% |
| Total | 100% |
Materials
All materials are available online.