Legal Theory and Practice

6 ECTS credits
150 h study time

Offer 2 with catalog number 4022226DNR for all students in the 1st semester at a (D) Master - preliminary level.

Semester

1st semester

Enrollment based on exam contract

Impossible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Taught in

Dutch

Partnership Agreement

Under interuniversity agreement for degree program

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Tim Corthaut (course titular)

Activities and contact hours

26 contact hours Lecture
7 contact hours Seminar, Exercises or Practicals
100 contact hours Independent or External Form of Study

Course Content

1. Study of a series of principles pertaining to better legisating (clear objective, necessity, practicality, legal certainty, trustworthiness, equality, clarity, subsidiarity).
2. Study of the drafting of acts and decrees at the Belgian federal and regional level. Analysis of the various parts of a piece of legislation.
3. Discussion of various themes in the field of "legisprudence", the art of law-making: the essential elements of legislation (normative character, general scope and application), evolution of the concept of legislation (including modern forms such as pseudo-legislation), and is varying meaning throughout history (evolution from unwritten law to codifications, legislation as a formal source of law, dogmatic currents (e.g. legisme, Freirechtslehre), the role of certain actors in the modern legislative process (e.g. special interest groups), delegation, validation, typology of leguslation, hyperregulation, deregulation, regulatory impact assessment....

Course material

Handbook (Required) : Beginselen van wetgevingstechniek en behoorlijke regelgeving, Coremans, H. en Van Damme, M. e.a., 5de herziene en bijgewerkte druk, Brugge, Die Keure, 9789048627707, 2016
Handbook (Required) : Elementen van legisprudentie, Bedenkingen bij het moderne wetgevingsbedrijf, Van Damme, M., Larcier, Gent, 9782804439255, 2010
Digital course material (Required) : Andere documenten (literatuur, arresten, adviezen) beschikbaar, Canvas

Additional info

Through lectures and exercises students are made familiar with the role of legislation in modern society, and the difficulties drafters of legislation are faced with in practice.

Learning Outcomes

General competencies

Students have know and understand the principles of good legislation and the requirements for qualitative legislation and drafting of legislation.
Students are familiar with the principles of good legislative drafting and a decent administrative style.
Students know and understand the concept of legislation, the role of some actors in the modern legislative process (e.g. special interest groups), delegation, ratification, typology of legislation, hyperregulation, deregulation, regulatory impact assessment.
Students can autonommously draft a meaningful decree in accordance with the rules for legislative drafting.

Grading

The final grade is composed based on the following categories:
Oral Exam determines 75% of the final mark.
Practical Exam determines 25% of the final mark.

Within the Oral Exam category, the following assignments need to be completed:

Examen Mondeling with a relative weight of 75 which comprises 75% of the final mark.

Within the Practical Exam category, the following assignments need to be completed:

Examen Praktijk with a relative weight of 25 which comprises 25% of the final mark.

Additional info regarding evaluation

Evaluation is based for 25% on the drafting of a decree (5 points), and 75% on the final exam (15 points). Students who fail to obtain 10/20 must retake both parts.

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context