Legislative Process and Nomotechnics
Course type
Study programme and level
Language
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
Study programme and level | Study field | Academic year | Semester |
I. level | Law | 3. | 2. |
Course Type
Elective
Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
20 | 10 | 120 | 6 |
Lecturer
prof. dr. Peter Jambrek
Language
English
Prerequisites
Attending classes of nomography presupposes basic knowledge from main legal branches and general knowledge of sociology.
Content (Syllabus outline)
- Decision-making process and social determinants of legal standardizing: Specificities of legal decision-making; Social, economic, political and cultural determinants of law creation; Legal sources; Types of general legal acts and legal system.
- Nomotechnics as science and art: Creation and development of nomotechnics; General principles and guidelines.
- Methods of creating normative acts:
- a) General methods: Axiological, Legal-political, Sociological, Dogmatic, Logical, Comparative legal, Historical, and Line by line method.
- Specific methods: Abstract, general, casuistic, and precedent standardizing.
- Structure of general legal acts:
- Exterior – design structure: Part, Chapter, Section, Subsection, Article, Paragraph.
- Interior – content structure: Preliminary and basic provisions, Central provisions, Penalty provisions, Transitional and final provisions.
- Language in general acts: Types of expressions; Semantics, concepts and definitions; Syntax and style of legal language; Formalism, linearity, economy, redundancy; Features of the legal language.
- Procedural rules adopting general legal acts: Legislative process at the national level; Legislative process in the EU institutions; Nomotechnical and procedural aspects of government regulations; Nomotechnical and procedural aspects of local community.
- Publication and validity of legal regulations: Publication and validity of national rules; Publication and validity of “European” regulations.
- Legal editorial rules.
- Consolidated regulation texts.
- 10. Special nomotechnical features of “European” general legal acts.
Study Literature
- Stefanou, H. Xanthaki (eds.), Drafting Legislation, Ashgate, 2008.
- H. Xanthaki, Drafting Legislation: Art and Technology of Rules for Regulation, Hart Publishing, 2014.
Objectives and competences
General legal acts and/or regulations must reflect social reality as faithfully as possible and ensure the necessary social stability. Formation of regulations and professional participation in their adoption in legislative and executive organs of the state authority and in the organs of self-managing local communities demand suitable nomographic knowledge to be provided by the subject in title. Emphases on methodical, structural and linguistic aspects of preparation of regulations outline central themes of nomography as an explicitly practically oriented discipline.
Intended learning outcomes
Student get to know basic starting-points and concepts of nomography, understand main methods of formation of general legal acts and get information on structural, linguistic, and procedural aspects of normative activity.
Completed course of nomography enables students to draw up a draft law or other general legal act and position it in the legal system.
Students broaden their relation with law from mainly applying general and abstract legal norms to their formation and/or formulation in legal acts, taking into consideration nomographic and social determinants.
Learning and teaching methods
– lectures as a survey of main themes of nomography
– exercises with presentation of individual cases of general legal acts upon use of methods and techniques of nomography
Assessment
Oral examination, coursework.
Lecturer’s references