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Legal Education and Training in EAC: The Question of Harmonization

Legal Education and Training in EAC: The Question of Harmonization. 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

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Legal Education and Training in EAC: The Question of Harmonization

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  1. Legal Education and Training in EAC: The Question of Harmonization Prof. Ben Twinomugisha School of Law, Makerere University 5 February 2014

  2. 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

  3. 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?

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

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