Introduction

The Legal Education Act, 2026 (Act 1170) and the Interim Policy Directives issued on 12th June 2026 by Professor Raymond A. Atuguba, Director of Legal Education and Director of the Ghana School of Law, under the instructions of the Attorney General, represent the most significant reform of legal education in Ghana since the coming into operation of the Legal Profession Act, 1960 (Act 32).

The reforms address, among other matters, a question that has animated debate among legal educators, practitioners, and judges for many years: what is the proper boundary between substantive or theoretical legal education and professional legal training, and who should bear responsibility for delivering each?

This commentary traces the historical development of that boundary, examines the judicial controversy it generated which culminated in proceedings before the Supreme Court of Ghana, and analyzes how the new legislative and policy framework resolves, for the first time with principled clarity, the distinction between academic legal courses and professional training courses properly so called.

The historical architecture of legal education in Ghana

Under the regime established by Act 32 and the Legal Profession (Professional and Post-Call Law Course) Regulations, 2018 (L.I. 2355), the pathway to the Bar in Ghana was centralized and sequential. LLB graduates from approved universities were required to pass an entrance examination conducted by the Independent Examinations Committee (IEC) before gaining admission to the Ghana School of Law (GSL), which served as both the gatekeeper and the principal delivery institution for professional legal training.

The practical consequences of this architecture were severe. Approximately 3,000 to 4,000 LLB graduates sat the IEC examination annually, but only a fraction obtained admission each year. This generated a backlog estimated at between 5,000 and 8,000 graduates at any point in time, of qualified holders of law degrees unable to access professional training.

Beyond the access crisis, the institutional arrangement gave rise to a deeper and more conceptually troubling problem. The GSL, in delivering what it characterized as professional legal training, offered a curriculum that included courses such as Alternative Dispute Resolution, and Family Law, subjects also taught at the undergraduate level in university law faculties. This overlap invited a critical question: if the GSL’s curriculum contained courses indistinguishable in character from those taught in university law departments, on what principled basis could the distinction between academic legal education and professional legal training be maintained? And was the institutional separation of the two programmes a matter of genuine pedagogical necessity, or was it simply a product of regulatory design serving institutional interests?

The Curriculum Debate: Can Law Faculties teach professional legal training?

3.1 The Argument for Faculty-Level Delivery

One of the most persistent arguments in Ghanaian legal education discourse has been that law faculties are fully competent to teach not only substantive law subjects but also the courses traditionally offered at the GSL. The argument proceeds on a straightforward basis: if the content of the GSL curriculum is substantially doctrinal and theoretical in character then there is no compelling reason why accredited university law faculties, staffed by qualified academics and legal practitioners, cannot deliver equivalent or superior instruction.

This position finds support in the observation, shared by some legal education scholars, that the historical distinction between the two curricula was never grounded in any clear pedagogical rationale.

There has been a lot of dispute over what constitutes substantive legal education and professional legal training. It has been argued in the past that law faculties can teach all the courses being taught at the GSL. Whilst this may be true, the argument is that those courses are not different from the substantive law courses.

The force of this argument lay precisely in the curriculum overlap between the GSL and university law faculties. If subjects such as Company Law, Family Law and ADR appeared in both curricula and were taught by academics in both settings, the claim that GSL instruction was qualitatively different, and that it constituted professional training in a meaningful sense, was difficult to sustain without a clear articulation of what made the GSL’s version of those courses distinctively professional.

3.2 The GSL’s Dual Curriculum: A Source of Conceptual Ambiguity

The source of much of this controversy lay in the Ghana School of Law’s own curriculum design. The GSL, though established to deliver professional legal training, offered a programme that blended substantive law courses with practice-oriented subjects. On one side of its curriculum sat subjects such as Family Law, Alternative Dispute Resolution, and Interpretation of Deeds and Statutes, courses that are fundamentally doctrinal and theoretical in character, concerned with legal principles, rules, and interpretive methodology. On the other side sat subjects such as Civil Procedure, Criminal Procedure, Conveyancing and Drafting, Advocacy and Legal Ethics, and Law Practice Management; courses that are primarily skills-based and practice-oriented, concerned with the processes, procedures, and professional competencies required for legal practice.

By housing both categories of courses within a single professional training programme, the GSL effectively obscured the distinction between substantive legal education and vocational training. The two types of courses were presented as a unified professional curriculum, without any formal acknowledgment that their educational objectives and delivery methodologies were fundamentally different. This conflation was to prove legally significant, as it provided the basis for a constitutional challenge at the highest judicial level.

The Debate reaches the Supreme Court: Professor Stephen Kwaku Asare V. Attorney-General & General Legal Council

4.1 The Constitutional Challenge

The unresolved tension between academic and professional legal education eventually found its way to the Supreme Court of Ghana in the landmark case of Professor Stephen Kwaku Asare v. Attorney-General & General Legal Council (2020) JELR 92003 (SC). The case raised several constitutional questions of significance to legal education, and among the most important was the issue set out in relief three (3) of the plaintiff’s claim.

The plaintiff complained that the distinction between the Professional Law Course run by the GSL and the LLB programme run by approved universities was arbitrary, capricious, and designed only to further the monopoly power of the Ghana School of Law, in violation of Article 296(b) of the 1992 Constitution of Ghana.

Article 296(b) of the Constitution provides as follows:

“the exercise of the discretionary power shall not be arbitrary, capricious or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law”.

The plaintiff’s argument was, in essence, that no principled or rational basis existed for maintaining the separation between the courses taught at university law faculties and those taught at the GSL; that the courses were substantially similar in content and character; and that the institutional separation served primarily to entrench the GSL’s monopoly over the pathway to the Bar, thereby arbitrarily restricting access to the legal profession.

4.2 Professor Asare’s Position on the Singularity of the Courses

Professor Stephen Kwaku Asare, a distinguished legal scholar, gave conceptual voice to the argument that the courses held out as ‘professional’ by the GSL were not genuinely distinguishable from the substantive law courses taught in university law faculties. His position, broadly stated, was one of singularity; that the boundary between academic and professional legal education, as then constituted, was not grounded in genuine pedagogical difference but was instead a product of institutional design and regulatory history.

On this view, law faculties were not only capable of teaching the substantive law subjects on the GSL curriculum; they were equally capable of delivering the full range of courses then offered as part of professional legal training. The argument implied that the gate-keeping role assigned to the GSL was an exercise of discretionary institutional power that could not withstand constitutional scrutiny, particularly in the absence of any clear, principled basis for distinguishing between the two curricula.

The position that faculties can teach both the substantive and the so-called professional courses, carried considerable weight in the broader legal education discourse, even if its full constitutional implications were contested. It underscored the need for the regulatory framework to articulate, with precision, what it meant for a course to be ‘professional’ in character, and what specific competencies and institutional conditions were required for its delivery.

4.3 The Court’s Response and Its Limitations

The court, in addressing relief three (3), noted that the separation between the Professional Law Course and the Academic Law Course was not a product of discretionary decision-making by the General Legal Council or any individual authority, but was grounded in substantive law, specifically, Act 32 and L.I. 2355. The court observed thus:

“The provision of the Professional Law Course separately at the Ghana School of Law is a product of the Legal Profession Act, 1960, Act 32 and the Legal Profession (Professional and Post-Call Law Course) Regulations, 2018 (L.I. 2355). The Academic Law Courses are provided separately not by the discretion of the 2nd Defendant but by the Statutes of the various Universities that have been approved to offer the course”.

On this basis, the court held that since the distinction was enacted in a written law, it could not be referred to as an arbitrary or capricious exercise of discretionary power within the meaning of Article 296(b). The argument that the GSL’s monopoly was constitutionally impermissible was therefore found to be far-fetched and untenable.

The court’s reasoning, while legally coherent within its own terms, left a significant conceptual gap unaddressed. By holding that the distinction was not arbitrary because it was statutory, the court affirmed the legality of the separation without interrogating the substantive question that animated the plaintiff’s challenge: on what basis did the legislature, in enacting Act 32 and L.I. 2355, determine that the courses assigned to the GSL were genuinely ‘professional’ in character? The mere fact that a distinction is encoded in law does not, of itself, establish that the distinction is principled. A statute can give legal force to an arbitrary classification; legality does not necessarily confer rationality.

The court’s decision therefore resolved the immediate constitutional question without resolving the underlying pedagogical and policy question. It confirmed that the distinction was lawful under the existing legislative framework, but it did not establish what principled criteria should govern the demarcation between substantive legal education and professional legal training. That task – the task of articulating a coherent and defensible taxonomy of legal education content – was left to the legislature and to the policy-making process.

The policy directive as conceptual resolution: the decoupling of pre-bar from practice-oriented courses

5.1 The Architecture of the New Framework

The Legal Education Act, 2026 (Act 1170) and the Interim Policy Directives of 12th June 2026 provide what is arguably the first principled and formally articulated resolution of the curriculum debate that found its way to the Supreme Court. The Directives accomplish this through a deliberate and consequential act of decoupling or separating, for the first time in the history of Ghanaian legal education, the substantive theoretical courses from the practice-oriented professional courses that had previously been bundled together within the GSL’s programme.

The new framework establishes two clearly distinct curricular categories, each assigned to a specific stage of the educational pathway:

Pre-Bar Course: This stage comprises courses that are fundamentally doctrinal and academic in character:

Company Law
Commercial Law
Alternative Dispute Resolution
Family Law
Interpretation of Deeds and Statutes

Law Practice Training (LPT) Programme (Professional and Skills-Based Instruction): This stage comprises courses that are primarily practice-oriented and vocational in character:

Civil Procedure
Criminal Procedure
Law of Evidence
Conveyancing and Drafting
Advocacy and Legal Ethics
Law Practice Management and Legal Accounting
- The Significance of the Decoupling

The significance of this decoupling cannot be overstated, both as a matter of legal education policy and as a response to the constitutional controversy generated by the Asare case. By separating the substantive from the professional courses, the new framework does what the court in Asare expressly declined to do: it articulates a principled basis for the distinction between academic legal education and vocational legal training.

The Directives describe the Pre-Bar courses explicitly as ‘theoretical courses,’ thereby making clear that their purpose is to complete and consolidate a student’s doctrinal legal knowledge before that student progresses to professional training. This terminological choice is significant because, by describing the Pre-Bar subjects as theoretical, the Directives draw a clear distinction between those subjects and the courses offered at the LPT level. The implication is that LPT courses are intended to be practical rather than theoretical, focusing on the development of professional skills and competencies. Consequently, both the curriculum design and the teaching and learning methodologies employed at this level should be aligned with that objective.

Answering the Question Left Open by the Supreme Court

Viewed in the context of the Asare case, the Policy Directive achieves something of considerable constitutional and policy importance. The court in Asare held that the distinction between the Academic Law Course and the Professional Law Course was not arbitrary because it was enacted in statute. However, the court did not establish what substantive criteria justified the classification of particular courses as ‘professional’ rather than ‘academic.’

The new framework supplies those criteria. A course belongs to the Pre-Bar (academic) stage if its primary objective is to develop substantive legal knowledge, an understanding of legal principles, doctrines, and their interpretive application. A course belongs to the LPT (professional) stage if its primary objective is to develop practical legal competencies, the skills, procedures, ethical frameworks, and professional judgment required for legal practice.

This content-based taxonomy resolves the ambiguity that previously made the GSL’s curriculum vulnerable to the charge that its ‘professional’ designation was nominal rather than substantive. Under the new framework, the designation of a course as professional is not merely a matter of legislative labelling; it reflects a genuine assessment of the course’s educational character and purpose.

The new guidelines clearly refer to the courses as theoretical, therefore underpinning their nature as not professional or practice-oriented, and thus settled the long debate that found its way to the country’s apex court. This is a great achievement for the Policy Directive.

Decentralisation and the question of faculty delivery of Professional legal training
- The New Framework’s Answer

The Legal Education Act, 2026 (Act 1170) and the Interim Policy Directives of 12th June 2026 together mark a decisive shift in favour of faculty-level delivery of legal training at both stages of the educational pathway. The Act decentralises the LPT Programme to accredited law faculties, moving away from the monopoly previously held by the Ghana School of Law. This legislative development directly engages the longstanding argument – advanced most prominently by Professor Asare – that law faculties are capable of delivering the full range of legal education courses.

The new framework validates that argument, but with an important and principled qualification. Whereas the Pre-Bar Course may be delivered by any GTEC- accredited law facult , on the basis that the substantive law subjects it comprises are within the ordinary competence of university law departments, the LPT Programme is subject to a more demanding accreditation regime under the Council for Legal Education and Training (CLET). This differentiation is not arbitrary; it reflects a deliberate policy judgment about the distinctive requirements of professional legal training.

Why Professional Training Requires Specialised Accreditation

The requirement of CLET accreditation for faculties wishing to deliver the LPT Programme is grounded in a recognition that professional legal training is not simply advanced academic instruction. It is qualitatively different from the teaching of substantive law, and its effective delivery requires institutional conditions that go beyond the standard competencies of a university law faculty.

The Directives make this explicit by requiring faculties to undertake a range of preparatory measures before they can be accredited to run the LPT Programme:

Conduct gap analyses of their existing curricula to identify deficiencies in practiceoriented provision;
- Recruit or develop practice-oriented Faculty capacity — that is, academic staff with genuine experience in legal practice, not merely legal scholarship;
- Improve facilities and infrastructure to support practical legal training;
- Engage in structured collaborations with other Faculties and the GSL to address

capacity deficits; and

Prepare to apply for accreditation when the portal opens in October 2026.

These requirements reflect a clear understanding that the delivery of professional legal training demands more than curriculum expertise. It demands an environment in which students can develop practical competencies through experiential learning, that is to say, through simulation, clinical training, professional mentorship, and engagement with real legal processes. The objective of the LPT Programme, as the Directives make clear, is not to teach students about legal procedure but to equip them to practise law. That objective cannot be achieved through classroom instruction alone, however capable the instructors.

This is a critical distinction. Practical learning, properly understood, is not simply the memorisation of procedural rules and statutory provisions. It is the development of professional judgment, advocacy skills, transactional competence, and ethical sensibility through active engagement with the practice of law. A faculty that teaches Civil Procedure as a doctrinal subject, by reference to the High Court Civil Procedure Rules, is engaged in substantive legal education. A faculty that teaches Civil Procedure through moot courts, client simulations, file management exercises, and supervised practice is engaged in professional legal training. The two activities require different institutional resources, different pedagogical approaches, and different quality assurance frameworks.

The Coherent Educational Pathway

The new framework establishes, for the first time, a coherent, transparent, and competency-based educational pathway from LLB to the Bar:

LLB Studies at an approved university, incorporating progressive integration of PreBar theoretical subjects into the undergraduate curriculum, so that graduating students complete the full complement of foundational theoretical courses during their degree.
- Pre-Bar Course – a bridging academic year, available at GTEC – accredited law faculties or the GSL, for current graduating students and backlog graduates, covering the five designated substantive law subjects.
- Law Practice Training Programme – delivered at CLET-accredited institutions, comprising six practice-oriented subjects designed to develop the professional competencies required for legal practice.
- National Bar Examination – a common assessment against which all candidates, regardless of the institution that delivered their training, will be measured. (V) Call to the Bar and entry into the legal profession.

This pathway ensures that substantive legal knowledge is fully consolidated before students progress to professional training, and that professional training is delivered in institutions with the demonstrated capacity to provide genuine experiential learning.

Broader implications for Legal Education Policy and curriculum development

The reforms encapsulated in Act 1170 and the Interim Policy Directives align Ghana’s legal education framework more closely with modern international practice. In many jurisdictions, including the United Kingdom, Australia, and numerous Commonwealth countries, the distinction between academic legal education and vocational legal training is formally and clearly drawn, with each stage governed by distinct regulatory frameworks, curriculum requirements, and institutional accreditation standards.

The introduction of a content-based taxonomy of legal education courses in Ghana represents a significant step toward a system organised around demonstrable outcomes and genuine educational purpose. Law faculties can now design their programmes with a clear understanding of the knowledge and competencies expected of graduates at each stage of the pathway. The Directives create the conditions for curriculum coherence, progressive learning design, and meaningful quality assurance across the full range of legal education institutions.

The Policy Directive also addresses the longstanding access crisis generated by the GSL bottleneck. By distributing the delivery of both the Pre-Bar Course and, in due course, the LPT Programme across nineteen accredited law faculties, the new framework significantly expands the system’s absorptive capacity and provides a structured pathway for the estimated 5,000 to 8,000 backlog graduates awaiting entry into professional training.

Importantly, expansion of access is balanced against maintenance of professional standards through the CLET accreditation regime. The framework does not simply open the doors of professional legal training to all comers; it establishes conditions under which institutions must demonstrate their readiness to deliver professional training to the required standard before they are permitted to do so.

9. Conclusion

The evolution of substantive law and professional legal training in Ghana has been marked by institutional centralisation, curriculum ambiguity, a persistent access crisis, and a constitutional controversy that reached the Supreme Court. The Legal Education Act, 2026 and the Interim Policy Directives of 12th June 2026 represent a principled and historically significant attempt to resolve that complex of problems through a framework grounded in clear educational philosophy.

By decoupling the substantive theoretical courses of the Pre-Bar stage from the practice-oriented courses of the LPT stage, the new framework supplies the principled taxonomy that was conspicuously absent from the previous regime. It validates the argument, long advanced by scholars including Professor Stephen Kwaku Asare, that law faculties are capable of delivering legal education at multiple stages of the pathway, while insisting, with equal principle, that professional legal training at the LPT level requires specialised institutional conditions, practiceoriented faculty capacity, and a quality assurance framework designed for vocational rather than academic instruction.

The Directive does not merely settle an administrative arrangement. It settles a debate about the nature of legal education itself, a debate that generated years of controversy, found its way to the apex court, and ultimately demanded a legislative response. In articulating, for the first time, a coherent and content-based distinction between theoretical legal education and professional legal training properly so called, the new framework lays the foundation for a competency-based legal education system that, if rigorously implemented, has the potential to transform the landscape of legal training in Ghana for a generation.

Key References

Professor Stephen Kwaku Asare v. Attorney-General & General Legal Council (2020) JELR 92003 (SC)
Ghana School of Law, Interim Policy Directives Transitional Arrangements under the Legal Education Act, 2026 (Act 1170), dated 12th June 2026.

Addendum

A Critical Appraisal: The limits of the Delineation and the Problem of “Commercial Law”

Reorganisation Rather Than Reinvention: Continuity Between L.I. 2355 and the New Framework

Whilst the Interim Policy Directives are rightly celebrated for drawing a principled distinction between substantive and professional legal education, a critical examination of the curriculum history reveals that the delineation, however welcome, is less of a conceptual reinvention than it first appears. A close comparison between the subjects prescribed under L.I. 2355 for the Professional Law Course at the Ghana School of Law and the subjects now assigned across the Pre-Bar and LPT stages discloses a striking degree of continuity.

Under L.I. 2355, the subjects comprising the Professional Law Course at the Ghana School of Law were:

Civil Procedure;
Criminal Procedure;
Law of Evidence;
Conveyancing and Drafting;
Law Practice Management and Legal Accountancy;
Advocacy and Legal Ethics;
Alternative Dispute Resolution;
Company and Commercial Law Practice;
Family Law and Practice; and
Law of Interpretation of Deeds and Statutes.

Laid alongside the new framework’s Pre-Bar subjects (Company Law, Commercial Law, Alternative Dispute Resolution, Family Law, and Interpretation of Deeds and Statutes) and LPT subjects (Civil Procedure, Criminal Procedure, Law of Evidence, Conveyancing and Drafting, Advocacy and Legal Ethics, and Law Practice Management and Legal Accounting), it becomes apparent that the substantive content of the overall programme has not changed dramatically. What has changed is its structural organization, that is, the distribution of that content across two formally distinct stages, each assigned to a different institutional setting.

This observation is not intended to diminish the significance of the reform. The structural reorganisation is itself meaningful: by formally separating the theoretical from the practiceoriented subjects and assigning them to distinct stages with different institutional delivery requirements, the new framework creates the conditions for each category of instruction to be taught in an environment suited to its educational objectives. Nonetheless, it is important to recognise that the reform’s primary contribution lies in reorganisation and institutional clarity rather than in any fundamental rethinking of the subject matter that constitutes the path to the Bar.

The Nomenclature Problem: “Commercial Law” Versus “Company and Commercial Law Practice”

The most significant and substantively consequential criticism of the new framework’s curriculum delineation concerns the treatment of commercial law. The Directives designate “Commercial Law” as a Pre-Bar subject, that is, a substantive theoretical course to be delivered at the academic stage. However, the course that previously occupied the corresponding position in the Ghana School of Law’s programme was titled “Company and Commercial Law Practice,” and its content was markedly different from what the label “Commercial Law” connotes at the undergraduate level.

At the Ghana School of Law, Company and Commercial Law Practice which was taught as part of Part I of the professional programme, is a skills-based subject oriented toward the practice of corporate and commercial law. It equips students with competencies in corporate governance, company secretarial practice, minutes taking, legal due diligence, lending transactions, commercial agreements, and the liquidation of companies. As the GSL’s own course materials confirm, students are trained in expertise applicable not only to companies incorporated under the Companies Act, 2019 (Act 992), but to a wider range of corporate bodies, an indication of the practical and transactional character of the instruction. The course is, in substance, a vocational module: it prepares students to function as corporate lawyers and company secretaries, not merely to understand the legal principles governing companies.

Commercial Law as taught at most university law faculties in Ghana is an entirely different undertaking. It is an introductory doctrinal subject covering the core principles and legal frameworks that govern commercial transactions, the law of sale of goods, agency, negotiable instruments, and the general regulation of business relationships. The emphasis is on statutory interpretation, case law analysis, and the theoretical application of legal principles to commercial situations. The course lays the groundwork for understanding the legal architecture of commerce, trade, and consumer protection within Ghana’s business environment. It does not, in its typical faculty formulation, address the transactional skills, corporate governance competencies, or practice management techniques that characterise the GSL’s Company and Commercial Law Practice module.

A Recommendation: Renaming the Course as “Commercial Law and Practice”

The risk created by the current nomenclature is not merely semantic. If left unresolved, the designation “Commercial Law” in the Pre-Bar Course invites a reductive interpretation under which law faculties simply teach their existing undergraduate Commercial Law syllabus as the Pre-Bar offering, without any engagement with the corporate and transactional practice dimensions that the GSL’s corresponding course historically encompassed. This would represent a substantive dilution of the Pre-Bar curriculum and would leave graduates without the foundational corporate practice knowledge that informed the design of the professional programme under L.I. 2355.

It is accordingly recommended that the Council for Legal Education and Training (CLET), upon its constitution, give careful consideration to renaming the Pre-Bar “Commercial law” subject as “Commercial Law and Practice.” Alternatively, Company Law and Commercial Law may be consolidated into a single course titled “Company and Commercial Law Practice”, thereby aligning the curriculum with the corresponding course offered at the Ghana School of Law. This formulation would serve several important purposes. First, it would clearly distinguish the Pre-Bar course from the Commercial Law module taught at the LLB level, signalling to law faculties and students alike that the Pre-Bar course encompasses not only the doctrinal principles of commercial law but also their application to the transactional and corporate practice contexts in which those principles most frequently arise.

Second, it would better reflect the lineage of the course and its relationship to the Company and Commercial Law Practice module that the GSL has historically delivered, preserving the continuity of coverage whilst situating that coverage within the new framework’s theoretical stage. Third, and most importantly, it would ensure that the Pre-Bar curriculum adequately prepares graduates for the professional training that follows, by establishing a foundational competence in the legal dimensions of commercial practice before students’ progress to the LPT Programme.

The same observation applies, with somewhat less urgency, to the designation of “Company Law” in the Pre-Bar Course. The GSL’s prior treatment of company law was embedded within the integrated Company and Commercial Law Practice module, which blended doctrinal content with practice skills. If the Pre-Bar Company Law course is taught purely as a doctrinal subject, covering the statutory framework of the Companies Act, 2019 (Act 992), the constitutional documents of companies, directors’ duties, and shareholder rights, it will constitute a genuine theoretical PreBar subject. However, if the intention is for it to carry any of the corporate governance and secretarial practice content previously taught at the GSL, then its title and course outline should make that explicit, and curriculum guidance from CLET will be essential to ensure consistency across the nineteen accredited law faculties.

Conclusion

In summary, the Policy Directive’s achievement in formally decoupling substantive from professional legal education is genuine and significant. However, that achievement is only as durable as the precision of its curriculum specifications. The current designation of “Commercial Law” as a Pre-Bar subject, without further elaboration distinguishing it from the undergraduate course of the same name and from the practice-oriented GSL module it is intended to replace, creates a residual ambiguity that has the potential to undermine the coherence of the framework it is designed to establish. Addressing this through careful nomenclature, specifically, by adopting the title “Commercial Law and Practice”, would represent a relatively modest but conceptually important refinement of an otherwise commendable reform.