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This module is focused on statutory law — i.e, written texts of binding legal value that dictate the current state of regulation imposed by government.
In the past, legislation was a prerogative of civil law jurisdictions, but is now at the forefront of sources of law in both civil and common law jurisdictions.
Its increasing popularity as a source of law has created issues with the extensive volume of legislation and with the interrelation between legislative texts within the national jurisdiction as well as within the original and international jurisdictions to which the country belongs.
By the end of this course, you should have a systematic understanding of knowledge of legislative studies in the wide interdisciplinary concept at the national, regional and international levels, and be able to acquire critical awareness of current political, legal and legislative problems in the area of legislation and legally binding texts.
Module A: Introduction to legislation
LWM79A
- Legislation as a tool for regulation
- Nature and types of legislation
- Geographical extent of legislation
- Temporal extent of legislation
- Supranational legislation
Module B: Making legislation
LWM79B
- Policy process
- Legislative process
- Drafting process
- Legislative impact assessment
Module C: Statutory interpretation
LWM79C
- Interpretation of legislation
- Literal rule
- Mischief rule
- Purposive rule
- Presumptions and maxims of interpretation
Module D: Tests for quality of legislation
LWM79D
- Rule of law test
- Human rights and constitutionality test
- Good law test
- Functionality test – effectiveness
Assessment
Each module will be assessed by a 45-minute unseen written examination.
Sequence
Module A must be attempted before Module B.