This course considers what a British constitution – drafted in the style expected of British legislation – would look like, if the existing statutory rules, conventions, and other norms of the existing ‘unwritten’ constitution were codified. It aims to provide participants with practical experience as well as theoretical insight into both the complexities engaged in constitutional codification and the particular requirements of the drafting process in preparing legislation for the English legal system.
The course will consider the content and structure of the code as a whole before focussing on particular parts of the code, taking out of participants’ interests. Using a blend of ‘learning by doing’ and supportive guidance, students may acquire the skills needed to undertake relevant research and prepare and explain a fragment of a Constitution Bill – the material to be submitted for assessment. Using reference to drafting manuals and rules of interpretation, specific instruction will guide students through fundamental drafting matters such as issues of style, problems of stipulation (such as questions of time and definitions), and the formulation of rules creating powers and duties.
Students taking this module may also benefit from taking the module ‘Constitutional Law’ in parallel (but each module can be studied independently of the other).