Module 2 - Law-Making Processes and Working with Clients: Preview
Law-making Processes and Working with Clients
This Module deals with the general procedures typically followed in the preparation of legislation and the law-making process, giving particular emphasis to those stages with which legislative counsel are likely to be principally concerned. We pay particular attention to one procedure above all others - getting instructions from the client - because of its importance for legislative counsel. This Module is designed to encourage you to find out what the procedures are in your jurisdiction.
Objectives of this Module
By the end of this Module, you should be able to do the following:
- describe for your jurisdiction the steps by which legislative proposals are formulated and transformed into legal provisions, and the procedure by which those provisions are enacted as legislation;
- explain the functions of instructing official and legislative counsel in the preparation process, both in principle and in the practice of your jurisdiction;
- give an account of the value and functions of drafting instructions in preparing legislation and the practice in relation to them in your jurisdiction;
- undertake an analysis of simple instructions to determine when further instructions may be needed;
- take appropriate action when instructions are inadequate.
Studying this Module
This Module is divided into two Sections:
- What are the processes for making laws and our role as legislative counsel?
- How do we do work with drafting instructions?
Much of this Module describes a model of how legislation is to be prepared. Few systems have all the features described or operate at all times in the way this model suggests. Indeed, in many jurisdictions the arrangements are considerably less systematic than in the model. But whatever your local arrangements, you should find value in considering the process from basic principles as this brings out matters that are of great importance to achieving effective and workable legislative schemes. Failures in legislation are sometimes attributable to the defects in the machinery used for its preparation. Legislative counsel need to be aware of these potential defects.
The model is given so that you discover what you need to know by comparing it to your local practice. As practice is determined by local circumstances and resources, some activities will not be relevant to your jurisdiction, or information sought there will be slight. Do not spend time trying to find information about cases that are not typical. For the purposes of your study you need to be familiar with what happens typically. In some instances, you need to know only that a feature of the model is not typically followed in your practice.
In contrast with other modules, this one contains few examples or exercises. The topics do not lend themselves to that treatment.
You will gain more from this Module if you study it after those concerned with the basics of legislative writing (in courses LGST 551 and 553). If at an earlier stage you wish to have an overview of the law-making process, read Section 1 fairly quickly, but come back later to work on it.