Dynamics of Legislative Drafting (Constitutional Perspectives)
- Law
- 700 level
- 3 credit units
- 149 pages
- 8 units
This course explores the dynamics of legal drafting from a constitutional perspective within the Nigerian context. It examines rules of interpretation, interpretation legislation, and the Constitution's impact on drafting. Students will learn to draft legislation considering judicial approaches, constitutional constraints, and fundamental human rights. The course also covers the Interpretation Act and its effects on drafting practices, ensuring legislation aligns with constitutional principles and international standards.
About this course
- Difficulty
- Intermediate
- Study hours
- 208 hours
- Maths
- None
- Content
- Theoretical, case study, problem solving
- Practical work
- No
- Basic Legal Knowledge
- Understanding of Nigerian Legal System
- Assignments
- Tutor marked assessments
- Final examination
What you'll read
The real module and unit structure of LED705, taken from the course material NOUN publishes.
One paragraph, so you can see how it reads
LED705 · Unit 1: WORKING WITH THE RULES OF INTERPRETATION
There is now a steady trend away from narrow literalism to a broader, more purposive, approach. This gives greater opportunity for words to be given meanings that reflect the underlying policy. Judges today are more ready than in the past to consider approaches that support purposive interpretation.
What you should be able to do
- Apply unwritten rules of statutory interpretation
- Implement requirements of the Interpretation Act
- Work within constitutional constraints
- Identify inconsistencies with Fundamental Human Rights
- Apply international human rights standards
What it prepares you for
- Legislative Counsel
- Legal Advisor
- Policy Analyst
- Government Lawyer
- Constitutional Lawyer
- Government
- Law Firms
- Non-Governmental Organizations
- International Organizations
- Judiciary
- Legal Databases
- Online Research Tools
Where it gets hard
The units students slow down on, and what makes each one heavy.
- Module 1:
Unit 1: Working with the Rules of Interpretation
Requires understanding of judicial approaches to statutory language and underlying legislative schemes.
- Module 1:
Unit 3: The Importance and Application of the Interpretation Act
Introduces new matters with important consequences for drafting, requiring more time and effort.
- Module 2:
Unit 2: Particular Constitutional Constraints
Requires gathering local information and completing exercises to understand constitutional constraints.
A suggested way through it
13 weeks, about 64 hours in total. Yours will differ.
- Week 1Module 1:
Unit 1: Working with the Rules of Interpretation · 4 hours
Read Unit 1: Definition of rules of interpretation and their importance.. Understand judicial expectations and linguistic practices.. Complete Self-Assessment Exercise 1..
- Week 2Module 1:
Unit 2: Judicial Assumptions and Aids to Interpretation · 4 hours
Study Unit 2: Judicial assumptions about linguistic expression.. Understand canons on legislative construction and meaning of expressions.. Complete Self-Assessment Exercise 2..
- Week 3Module 1:
Unit 3: The Importance and Application of the Interpretation Act · 4 hours
Study Unit 3: Understand the importance of the Interpretation Act.. Compare the Act with the model statute.. Complete Self-Assessment Exercise 1..
- Week 4Module 1:
Unit 4: The Effects of the Interpretation Act on Drafting Practice · 4 hours
Study Unit 4: Analyze how the Interpretation Act influences drafting.. Understand references to legislative instruments and rules as to form or application.. Complete Self-Assessment Exercise 2..
- Week 5Module 2:
Unit 1: The Constitution and the Drafter · 4 hours
Read Unit 1: Understand the drafter's responsibility regarding policy, formal issues, and procedures.. Analyze how to deal with instructions inconsistent with the Constitution.. Complete Self-Assessment Exercise 1..
- Week 6Module 2:
Unit 2: Particular Constitutional Constraints · 4 hours
Study Unit 2: Understand constraints with respect to legislative functions and procedures.. Analyze constraints with respect to judicial and executive functions.. Complete Self-Assessment Exercise 10..
- Week 7Module 2:
Unit 3: Drafting under a Bill of Rights · 4 hours
Study Unit 3: Understand the rights and freedoms protected by the Constitution.. Analyze dealing with qualifications and derogations.. Complete Self-Assessment Exercise 1..
- Week 8Module 2:
Unit 4: Interpretation Standards · 4 hours
Study Unit 4: Understand issues concerning international standards.. Analyze how international standards affect domestic law.. Complete Self-Assessment Exercise 1..
- Week 9Module 1:
Module 1 Review · 6 hours
Review Module 1 Units 1-4: Focus on rules of interpretation, judicial assumptions, and the Interpretation Act.. Revise key concepts and complete practice questions..
- Week 10Module 2:
Module 2 Review · 6 hours
Review Module 2 Units 1-4: Focus on constitutional constraints, bill of rights, and international standards.. Revise key concepts and complete practice questions..
- Week 11Module 1:
Module 1 TMA · 6 hours
Work on Tutor Marked Assignments (TMAs) for Module 1.. Focus on applying drafting principles and constitutional requirements..
- Week 12Module 2:
Module 2 TMA · 6 hours
Work on Tutor Marked Assignments (TMAs) for Module 2.. Focus on applying constitutional constraints and international standards..
- Week 13Comprehensive Revision
Final Revision · 8 hours
Comprehensive course revision.. Focus on key concepts, rules, and constitutional requirements.. Prepare for final examination..
Preparing for the exam
- Create concept maps linking rules of interpretation to drafting practices.
- Practice applying the Interpretation Act to sample legislative provisions.
- Review case studies on constitutional challenges to legislation.
- Memorize key sections of the 1999 Constitution and relevant amendments.
- Practice drafting legislative provisions that comply with human rights standards.
Questions students ask about this course
What is LED705 about?
This course explores the dynamics of legal drafting from a constitutional perspective within the Nigerian context. It examines rules of interpretation, interpretation legislation, and the Constitution's impact on drafting. Students will learn to draft legislation considering judicial approaches, constitutional constraints, and fundamental human rights. The course also covers the Interpretation Act and its effects on drafting practices, ensuring legislation aligns with constitutional principles and international standards.
How many units does LED705 have?
LED705, Dynamics of Legislative Drafting (Constitutional Perspectives), has 8 units across 2 modules, over 149 pages of course material. You can read it one unit at a time.
How many credit units is LED705?
LED705 carries 3 credit units, at 700 level in Law.
Is LED705 hard?
LED705 is rated intermediate level, with no mathematical content. It is mostly theoretical, case study and problem solving work.
How long does LED705 take to study?
About 208 hours of study, spread across its 8 units.
How is LED705 assessed?
LED705 is assessed by assignments, tutor marked assessments and final examination.
What do I need before starting LED705?
Basic Legal Knowledge Understanding of Nigerian Legal System
What can I do with LED705?
Legislative Counsel, Legal Advisor, Policy Analyst, Government Lawyer and Constitutional Lawyer.