Legislative Drafting

Goa University · LL.B. Semester 6 · LLB-335

Unit 1 — I. Meaning, Nature and Types of Legislative Drafting

1. Meaning and Nature of Legislative Drafting · 2. Qualities of a Good Draft and a draftsperson · 3. Challenges, difficulties and responsibilities of a legislative draftsperson. · 4. Subordinate Legislation: Bye Laws, Ordinances and · Notification/Circular, Validity of Delegated Legislation

Unit 2 — II. Theories of Legislation

1. The Principle of Utility, the Ascetic Principle, and the Principle of Sympathy and Antipathy – Operation of these Principles upon Legislation · 2. Pleasures and Pains: Kinds, as Sanctions, and Measures · 3. Circumstances which affect Sensibility · 4. False Methods of Reasoning on the Subject of Legislation

Unit 3 — III. Essentials of Legislative Drafting

1. Rules of Composition for Legislative Drafting · 2. Materials and Preliminaries · 3. Stages in Drafting · 4. Value of Words

Unit 4 — IV. Drafting Parts of a Statute

1. Different parts of a Statute · 2. Common Phrases and their significance in Legislative Drafting · a. “As if enacted in this Act” · b. “As he deems fit” · c. Any other sufficient reason” · d. means and include · e. “As far as possible” · 3. Grammar · 4. Punctuation Marks

Unit 5 — V. Legislative Drafting : Policy and Flaws

1. Language and Content · 2. Policy of Legislation · 3. Common flaws in drafting

Unit 6 — V. Select Model Bills

4. Importance and preparation of skeleton legislation and legislative scheme · 5. Bill for Establishing College · 6. Bill to Control Trade in Commodities · 7. Bill to Establish Fund · 8. Bill to Regulate Practice of Profession.