MASTERS DEGREE IN LAW (LLM), LEGISLATIVE DRAFTING

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Programme Philosophy

The Legislative Drafting Programmes are designed to meet the need for seasoned drafters of legislation for legislatures in emerging democracies.

Objective of the Programme

The specific objective of the programme is to train lawyers in the art and science of Legislative Drafting to cover every conceivable area of human endeavour subject to legislation and to enhance their skills in legislative drafting for quality legislation and good governance.

Courses Details
First Year

Historical background; nation building; federalism and mass politics (political participation and voting, political parties, the news media); the economy evolution, structure and management; governing institution: the legislature, the Executive, and the judicial; foreign policy and defence; the society: social structure and culture; state and civil society contemporary economic and social, and political problems of Nigeria.

Legislative Process: General considerations and stages in the preparation of legislation; initiating legislation, instructing the drafter ; stages in the Drafting Process: Understanding Instructions, Analysing instructions, Designing the legislation, composing the Text, Scrutinizing the draft; the role of a legislator, Rules of Drafting Legislative Drafting: Historical Development of Legislative drafting; Drafting and drafter; The role and responsibilities of legislative drafter; Drafting Legislation: (a) Bill (b) Legislation (c) Functions of Legislation, Types of Legislative instruments Classification of statues, Drafting Office and its Management.

Importance of Grammar; Legislative sentence; Types of legislative sentence; The principal subject, verbs, predicate and modifiers; Choosing the appropriate auxiliary; Punctuation in legislation; Legislative style; What go wrong with subject, verbs and modifiers; Seven C's of Legislative Drafting; Drafting in a Gender-Neutral style.

Arrangement of provisions; Preliminary Provisions: Long title and Preambles, Commencement, Enacting formula, Short title, Interpretation, Application; Using paragraphs; Linking Sentences in a section; Linking Sections; Application provisions; Extra-territorial Legislation; Savings and Transitional Provisions; Schedules.

Penal Provisions: Penal Provisions, Content of penal provisions, provisions, Drafting penal provisions; Substantive Provisions: What is Substantive Provisions, Contents of Substantive Provisions, Establishment of a statutory body: Governing Board or Council, Objectives, Structure of Agency , Financial Provisions; Regulations.

Law Making Process in Nigeria: Historical Overview of The Nigerian Legislative, Powers, Privileges and immunities of the Legislature, Legislature and Executive relations, Administrative structure of the National Assembly, Tracking, Storage and Retrieval of Legislative documents, Establishment of a new Parliament, How a bill becomes a law, Committees System, Public Investigative hearing Legislative Drafting: the characteristics of commonwealth drafting style, the characteristics of commonwealth drafting style.

Law Reform; Law Revision; Consolidation; Codification.

This course on Public Policy and Administrative Governance will aim at familiarising students with the complexities of Governance and Policy Processes. Students will be equipped with public-making policy formulation and implementation and the dynamics that influence policy formulation. Discuses policy implementation in the context of various theories of organization. It focuses on politics of policy implementation providing the students with the knowledge of how socio-economic and political forces influences policy implementation. It tries to acquaint the students with process of policy evaluation. Finally, the course will also bring together academic expertise and practical experience by inviting policy practitioners to present case studies on issues of policy or administrative concern

Second Year

Meaning, purpose, and types of research; approaches to research: quantitative, qualitative, and legislative research; overview of the research process; formulating the research problem; reviewing the literature; choosing the research design; writing the research proposal; collecting research data: primary data (observation, personal interview, questionnaires and interview), secondary data (selecting, scrutinizing and analysing documents); analysing research data (quantitative data, qualitative data) and establishing findings; interpreting and discussing findings, and drawing conclusions; writing the research report: the basics of the writing process (grammar, punctuation, effective sentences and paragraphs), structuring the report, mechanics of presentation and referencing; the special features of legislative research report; characteristics of good research report;publishing research papers.

Subsidiary Legislation: Importance of Subsidiary Legislation, Types of Subsidiary Legislation; Advantages and Disadvantages of Subsidiary Legislation; Preparatory procedure: Avoiding ultra vires instrument; Form and content of Subsidiary Instrument: Characteristics Features; Parliamentary scrutiny and post enactment procedure; Initiating legislation; Instructing the drafter; Stages in the Drafting Process: Understanding the instructions, Analysing Instructions, Designing the legislative Plan, Composing the text; Scrutinizing the draft. Amendment: Amendment and its implications; Process of amending legislation; Language used in amending legislation ; types of Amendments; Textual amendments; Non-Textual amendments. Plain Language:Theories and History of Plain Language; Grammatical and Legal Plain Language; Principles and Objectives of plain Language; Techniques of Plain Language; Avoidable in Plain Languages.

Historical Development and Amendment of Constitution; General constitutional concept: Rule of Law, Separation of Powers, Independence of judiciary; Interpretation Act and its application in legislative Drafting; Fundamentals Rights and fundamental objectives; Legislative, Executive Judicial Powers. Constitutional Law II: Judicial decision and its application in legislative drafting; Separation of Powers and its effect in legislative drafting; Judicial Review of Administrative actions and its limitations; The ombudsman; Constraints from International Treaties: Complying with treaty provisions which require domestic application; Methodology for determining treaty provisions which require application.

Role of Law in society; Law making powers; Law Making processes; the need for Law Reform.

A student shall carry out research in any area of specialization in his/her discipline and submit an acceptable dissertation of 6 credit units.

Elective Courses

Historical development of the common law and civil law, public law and political institutions in common and civil law systems, the administration terminology and definition, the scope and function of administrative law, the structure of central government, the decentralisation of power, rationalisation of the central government, policy implementation, allocation of power, administration and decision-making procedures; the civil service, legislative powers of the administration: classification, content, control, review. Judicial powers of the administration administrative tribunals, public enquiries, domestic tribunals, counsel d'Flat, judicial review and its limitations, administrative remedies, french system of droit administratif, other controls over administrative action-maladministration, ombudsman, select committees, informal popular control, public corporations, state liability/liability of public officers.

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