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Semester 2

Legislation (Honours) (LAWS10221)

Subject

Law

College

CAHSS

Credits

20

Normal Year Taken

3

Delivery Session Year

2023/2024

Pre-requisites

Visiting students must have completed 3 Law courses at grade B or above, including a 'common law' course equivalent to Scottish Legal System (LAWS08128) if you are only studying with us for Semester 2. We will only consider University/College level courses. This course is only open to visiting students who are nominated to study with us on a Law exchange agreement. Exchange students outside of Law and study abroad students are not eligible to enrol on this course before teaching begins, with no exceptions, and spaces cannot be guaranteed to those students at any time. **Please see Additional Restrictions**

Course Summary

Legislation is the principal source of new law in the Scottish legal system. This course will examine where legislation comes from and how it is construed and interpreted in practice (both inside and outside the courts). The course will consider policy formulation, the instruction and drafting of legislation, the legislative process, and take a detailed look at the interpretation of statutes.

Course Description

This course will give students an understanding of where legislation comes from and how it is construed and interpreted in practice (both inside and outside the courts). With the benefit of contributions from those involved in the preparation of legislation for the Scottish government, students will examine policy formulation, the instruction and drafting of legislation, the legislative process, and critically examine the approach taken to the interpretation of statutes. Students will have the opportunity to enhance their drafting skills through preparation of draft legislative clauses or draft instructions for the preparation of legislation. In addition, students will have the opportunity to develop advanced problem-solving skills through the application of principles and approaches to statutory interpretation in advising on the interpretation of a problem. **Course seminars will cover the following topics: 1. Policy formulation; 2. Translating policy into instructions for the drafter (with examination of instructions); 3. Drafting; 4. Drafting; 5. The parliamentary process, including a consideration of parliamentary pressures and the procedure for amendments. **The final five seminars concentrate on issues relating to interpretation including: 6. The meaning of legislative intention and the purposive approach to interpretation; 7. Pepper v Hart and pre parliamentary materials; 8. Other external aids to interpretation; 9. Internal aids to interpretation; 10. Presumptions.

Assessment Information

Written Exam 0%, Coursework 100%, Practical Exam 0%

Additional Restrictions

Full Year visiting students from non-common law jurisdictions must take Scottish Legal System (LAWS08128) in Semester 1 before enrolling on the course. **All 3rd year Law courses are ONLY open to visiting students nominated on an exchange agreement within the School of Law (including Erasmus students on a Law-specific exchange). Exchange students outside of Law, and independent study abroad students, are not eligible to enrol in these courses, with no exceptions.** Please note that 3rd year Law courses are high-demand, meaning that they have a very high number of students wishing to enrol in a very limited number of spaces. These enrolments are managed strictly by the CAHSS Visiting Student Office, in line with the quotas allocated by the department, and all enquiries to enrol in these courses must be made through the CAHSS Visiting Student Office. It is not appropriate for students to contact the Law School directly to request additional spaces. If there is sufficient space for other visiting students to enrol at the start of the semester (which cannot be guaranteed at all), visiting students must meet the pre-requisites listed above.

view the timetable and further details for this course