PILAC Harmonization paper
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Transcript PILAC Harmonization paper
Prof. Ben Twinomugisha
School of Law, Makerere University
5 February 2014
Outline of Presentation
Introduction
Brief comment on the East African Community (EAC)
Nature (state?) of legal education and training in EAC
Challenges of legal education and training in EAC
Why harmonization?
Attempts at harmonization
Conclusion
State of LET in EAC
History of legal education and training in EAC
Legal systems in EAC; accreditation
University legal education and training
Post-university legal education and training
Continuing legal education (CLE)
Judicial (education) and training
Liberalization (commercialization?) of university legal
education and training
Should post-university legal education be liberalized?
Challenges
Looking back: pre-university education
Liberalization/marketization/commodification of
legal education and training
Similar challenges in EAC with regard to effect of
liberalization on quality
Numbers, infrastructure, resources and materials,
quality of faculty etc
Legal systems, language; Differences in admission
criteria, curricula, examinations
Why harmonization?
Harmonization v. uniformity; minimum standards; no
disruption but enhance national programmes
Dictates of the law: article 26 of the EAC treaty:
(1)Partner states to harmonize their legal training
(2)Establish a common syllabus for the training of
lawyers and common standards to be attained in
examinations in order to qualify and to be licensed to
practice as an advocate
Establish synchronized legal education systems as a
strategy for enhancing capacity to meet emerging
needs
Why harmonization? Ctd
Facilitate mobility of students and faculty
Tool for improvement of quality of law graduates
entering the professional field
Need to produce highly qualified students and faculty
Instituting a greater sense of professionalism
Stronger foundation in doctrine, concepts and
principles
Development of deeper policy analysis skills
Why harmonization Ctd
Development of strong writing skills
Development of strong advocacy skills
Development of a strong ethics sense
Imparting students with theoretical and technical
skills and also enable them to understand the law
within its social, economic, political and cultural
perspectives.
Cross-border legal practice
Attempts at harmonization
Study on harmonization of the East African education
systems; focusing on primary, vocational and
secondary schools
EAC regional study with a view to harmonize legal
training curricula and the legal and regulatory
framework governing legal training and practice
within the community
Harmonization: Admission
Standards
Law schools: common written entrance examination
Post university law training institutions: common
written mini-bar examination
Admission to the bar: common written bar
examination
Harmonization: Curriculum
Core subjects: to be studied by all LL.B students
Electives
Multi-disciplinary courses
Student centred; problem-based learning
Seminars; internship
Clinical/practical work at university
Practical training at post university
Progressive implementation
Bear in mind challenges: the resource envelope
Conclusion
Harmonization is a legal requirement; Harmonization
critical for legal professionalism
Student centred, problem based learning; imparting of
practical skills
Challenges exist but are surmountable