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Enhancing Legislative Drafting In The Commonwealth

Author: Helen Xanthaki
Publisher: Routledge
ISBN: 1317638417
Size: 16.75 MB
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The quality of legislation within the Commonwealth is an essential element of democracy and the rule of law. Although a neglected territory until recently, the legislative drafting debate is at the forefront of academic and professional fora at a Commonwealth and at a national level. This book brings to light the academic foundations of legislative quality and the many recent innovations deriving from Commonwealth jurisdictions. This book was based on a special issue of the Commonwealth Law Bulletin.

Enhancing Legislative Drafting In The Commonwealth

Author: Helen Xanthaki
Publisher:
ISBN: 9781138794528
Size: 73.83 MB
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Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law. The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product. This book was based on a special issue of Commonwealth Law Bulletin.

Thornton S Legislative Drafting

Author: Helen Xanthaki
Publisher: Bloomsbury Professional
ISBN: 9781780432090
Size: 65.24 MB
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If you're involved in drafting or amending legislation in the Commonwealth or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new fifth edition includes full coverage of contemporary drafting developments and advances. How will Thornton's Legislative Drafting help you in your work? Guides you through the five stages of the drafting process; Guides you through the legislative sentence, the structure of the Act, and the drafting of preliminary, substantive, final, and special provisions; Provides valuable updates on the drafting of preliminary and final provisions; Demonstrates contemporary drafting conventions through fresh examples of recent legislatio;n; Shows developments in their historical context through the use of selected older examples. The detailed, learned and professional guidance you have been used to in previous editions remains the same, along with examples of best - and bad - practice. The work updates these 'best practice' examples with modern expressions and excerpts from current legislation, from both larger and smaller Commonwealth jurisdictions and the USA - so you can make sure the wording you use is current and contemporary. Previous edition ISBN: 9781845923532

Drafting Legislation

Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255079
Size: 51.72 MB
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This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

Changing The Law

Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
ISBN: 1849291748
Size: 55.65 MB
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Changing the Law: A Practical Guide to Law Reform is designed to provide practical assistance to users seeking to deliver high standard law reform outcomes. Using examples and experience from around the Commonwealth and beyond, it guides users through each phase of a successful reform, from initiation to final implementation.

Legislation In Europe

Author: Ulrich Karpen
Publisher: Bloomsbury Publishing
ISBN: 1509908773
Size: 80.17 MB
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This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.

Legislative Drafting

Author: V. C. R. A. C. Crabbe
Publisher: Routledge
ISBN: 1135318093
Size: 68.11 MB
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First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

Drafting Legislation

Author: Constantin Stefanou
Publisher: Routledge
ISBN: 1317148266
Size: 57.22 MB
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Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.

Understanding Common Law Legislation

Author: F. A. R. Bennion
Publisher: OUP Oxford
ISBN: 0191024481
Size: 44.77 MB
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Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.

Principles Of Legislative And Regulatory Drafting

Author: Ian McLeod
Publisher: Bloomsbury Publishing
ISBN: 1847315410
Size: 71.67 MB
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Principles of Legislative and Regulatory Drafting provides a succinct guide to an area of law and practice which has previously been poorly served by English textbooks. It explains how drafters can convert legislative and regulatory policy into a form which has the desired effect in the most direct and accessible way. On the basis that those who seek to communicate must be conscious of how their words will be read, it includes a chapter on interpretation. Other chapters include the nature of drafting instructions (including ethical considerations), the general principles of drafting, the protection of human rights, the creation of statutory corporations and schemes of licensing, subordinate legislation, and the creation of criminal offences. The principles and skills of drafting are very largely common to both the legislative and regulatory fields, but the book draws attention to areas in which significant differences arise. Extracts from the Interpretation Act 1978 and the European Convention on Human Rights are included as Appendices. The book provides an invaluable introduction for those engaged in legislative and regulatory drafting, while also being useful to anyone who is interested in the creation and interpretation of legislative and regulatory texts.