Diploma in Legislative Drafting - Program structure
Program structure
DLD programe is delivered in module divisions.
Module 1: General Context of Legislation. This module deals with an overview of the modules in the diploma course; Administrative and housekeeping issues; the meaning of legislation and legislative drafting; Comparative analysis of common law and civil law; Role of the legislative drafter within the legislative process in Rwanda; A history of laws and legislation in Rwanda and the EAC; Sources, types and hierarchy of law in Rwanda; Legislative process and procedures in Rwanda; Fundamentals of Rwandan law; Fundamentals of EAC law.
Module 2: Professional Responsibility: This module deals with the role of drafter; the professional responsibilities of drafters; Conflicts of interest; the boundaries within which drafters must operate and the practical ways to anticipate, avoid, and resolve professional responsibility problems ((specifically, self-preservation for the drafter).
Module 3: Policy Development and the Problem Solving Approach. This module deals with an introduction to the Problem-Solving Approach to legislation; identifying the problem as a step of the problem- solving approach; Explanations as a step of problem solving; Monitoring and evaluation as a step of problem solving; and Public lecture on policy development from a Rwandan practical approach.
Module 4: Research before Drafting and Use of IT. This module deals with Putting draft legislation in context ; Identify and use legal research resources; Sources of comparative law ; Best practice for computer filing; The Legislative Drafting Support System (Efficient office standards and procedures) and Use of forms and templates; Tracking the status of legislation in Rwanda).
Module 5: Fundamental Principles of Drafting Legislation. This module deals with the legislative sentence, including its syntax and style; Legislative style of writing; Ways to achieve clarity in drafting; The plain-language style of drafting; Importance of consistency in terminology, usage, and style; Legislative drafting rules and conventions used in Rwanda; Legislative drafting rules and conventions used in Rwanda, the East African Community, and the Commonwealth of Nations.
Module 6: Subsidiary Legislation. This module deals with terminology; regulations and rule making; special considerations when drafting regulations and other subsidiary legislation; adherence to the authorizing law; the application and enforcement of legislation; delegation of authority, limitations on delegation of authority; Subnational legislation (for example, regional or local), authority, methods, and processes.
Module 7: Organization and Structure of Legislation. This module deals with organization generally; hierarchy and numbering of the parts of a law or regulation; Building blocks of legislation; Grouping and ordering of provisions; Using reading aids, like tables of contents and headings, to assist understanding the structure and content of legislation; Basic structure of a legislative document and Detailed structure of a legislative document.
Module 8: Amendment and Repeal. This module deals with Terminology; Different types or categories of amendments; What to do when the draft legislation conflicts with existing law; Methods of amendment; Drafting amendatory (amending) or repealing language; The mechanics of amendment; Judicial decisions as a source of law (and changes to law through interpretation); Codification, consolidation, law reform, and law revision and Publishing compilations of laws.
Module 9: Statutory Interpretation. This module deals with relationship between legislative drafting and statutory interpretation; How is legislation (in general, not a specific draft) interpreted in Rwanda?; Understanding how the target “audience” for the legislation will interpret the legislative language; Who is interpreting a legislative document?, the drafters and policymakers, the persons subject to regulation under the law, the governmental agency implementing the law; the courts interpreting the law; Who does the interpretation in practice?; What improvements could be made to aid in statutory interpretation in Rwanda?; Rules of construction and general principles (canons) of statutory interpretation, in line with international norms and consistent with relevant canons of interpretation developed judicially in common law countries.
Module 10: International Instruments. This module deals with the types of international instruments; terminology of international instruments; Role of international organizations; processes and procedures applicable to international instruments in Rwanda; International instruments applicable to Rwanda; Sources and methods for researching international instruments and Legislative obligations under international instruments (Harmonization, domestication.); Compliance with (non-legislative) obligations under international instruments; Interpretation of international instruments, in accordance with applicable international law, such as the Vienna Convention on the Law of Treaties, 1969 and other interpretation by relevant international organizations; Considerations regarding East African Community treaties and obligations (for example, regional economic integration and drafting of laws).
Module 11: Good Governance. This module deals with principle of the separation of powers (legislative, executive, and judicial authorities), what is the significance of separation of powers? How is this applicable in Rwanda? Are there areas of power overlaps in Rwanda?; Oversight of the Government by the Parliament (and the courts); Public participation in the law-making process; the importance of a “paper trail” for the sake of openness, and for better interpretation of legislation; openness through reporting and Drafter’s accountability.
Module 12: Translation Matters. This module deals with rules regarding inconsistencies among the different language versions; Rules regarding drafting, consideration, approval, and publication in multiple official languages; Understanding the meaning in the principle drafting language; Consultation with drafter(s); The drafter’s responsibility to assist translator(s); Translation standards and consistency; Matters of layout and style when dealing with multiple languages; Official (and unofficial) translations of international instruments. Who does the official translation? What to do when there is not a version in one or more official language; Translation issues in the laws of other East African countries.