| CODE | LAW5083 | ||||||||
| TITLE | Legislative Drafting and Statutory Interpretation | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Faculty of Laws | ||||||||
| DESCRIPTION | This study-unit studies first statutory interpretation, that is, the principles that are used to understand a law, and then legislative drafting, that is, the rules that need to be followed in drafting a law. By ‘law’ reference is made to both primary and subsidiary legislation, higher law and ordinary law. The main (though not sole) principles of statutory interpretation are found in the Interpretation Act, Chapter 249 of the Laws of Malta, whilst other principles of statutory interpretation are contained in juristic works and court decisions. These will thus be the main sources used in this study-unit. As to legislative drafting, students will be taught the rules that are followed when writing laws. Practical examples will be given. Reference will also be made to the drafting instructions and the procedure that is adopted prior to actual drafting, whilst drafting, and subsequent thereto. Study-Unit Aims: The aims of this study-unit are: - to appraise students with the principles of statutory interpretation; - to appraise students with the rules of legislative drafting; - to apply the principles of statutory interpretation to legislative drafting. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - define acquire a sound understanding of the principles of statutory interpretation; - reproduce select the most appropriate principle to be used in legislative drafting; - reproduce become familiar with the basic concepts of legislative drafting; - enumerate enable students to get a grasp of juristic writings and case law setting out the principles of statutory interpretation and of the appropriate rules of legislation drafting 2. Skills: By the end of the study-unit the student will be able to: - pursue a career as a legislative drafter or a consultant to legislative drafters in various specialised areas of the law; - draft clear and unambiguous clauses for primary and subsidiary legislation; - choose between the suitable and appropriate level for the making of law, that is, between primary law and subsidiary law; - tailor legislative provisions to the needs of society; - establish the applicable principles of statutory interpretation that are to be applied in legislative drafting. Main Text/s and any supplementary readings: Main Texts: - Drafting and Statutory Interpretation: Comparative Perspectives from Malta, Canada and Nigeria', Faculty of Laws, University of Malta, Msida, Malta, 2018, 142 pp. Supplementary Readings: - Kevin Aquilina, ‘Enacting an Environment Code for the Maltese Islands’, in Kevin Aquilina and Pietro Iaquinta, Il Sistema Ambiente, Tra Etica, Diritto Ed Economia, CEDAM Casa Editrice Dott. Antonio Milani, Italy, 2013, pp. 299-327. - Kevin Aquilina, ‘The Suprema Lex of Malta: A Forgotten Law in Legislative Drafting, Statutory Interpretation and Law Making?’, European Journal of Law Reform, Vol. 20, No. 4, 2018, pp. 28-47. - Kevin Aquilina, ‘Enacting Legislation Establishing a Voluntary Environmental Service: Empowering Non-Governmental Environmental Organizations at contributing to a Participatory Democracy’, Law and Practice, Issue 8, June 2004, pp. 29-40. - Kevin Aquilina, ‘Developing a Code of Administrative Law for the Maltese Islands’, Law and Practice, Issue 9, December 2004, pp. 16-24. - Kevin Aquilina, ‘Select Principles of Maltese Law Applied in Legislative Drafting and Statutory Interpretation’, Id-Dritt, Vol. XXIX, 2019, pp. 488-521. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Kevin Aquilina |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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