Legislation and Regulation

Learning Outcomes    

By the end of this module, students should be able to:  

LO.1 : Appreciate the interaction between self-regulation and statutory regulation; 

LO.2 : Get a feel of how Rule of Law is different from specific laws; 

LO.3 : Appreciate the legislative process and how government is held accountable; 

LO.4 : Appreciate how the judiciary shapes law through interpretation, oversight and review, specifically; 

LO.5 : Appreciate pragmatic and political concerns that animate policy-making.    

Module Content 

This module complements Foundations of Law 2 and Jurisprudence, focuses on the Rule of Law, judicial scrutiny of statutory regulation, and concerns that animate policy-making. Students will be guided to reason their way into what statutory regulation is, the need for it, and its limits. With respect to judicial interpretation, oversight and review, the module focuses on:  

• Constitutionality of Statutory Regulation and Delegated Legislation  
• Grounds and standards of reviewing regulation 
• Internal and External Aids to Statutory Interpretation  
• Approaches to Statutory Interpretation 

The module also discusses pragmatic concerns in policy-making, concentrating on cost-benefit analysis, and political concerns, focusing on public choice theory and critical legal studies.