Principles Of Legislative And Regulatory Drafting
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Principles Of Legislative And Regulatory Drafting
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Author : Ian McLeod
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-10-12
Principles Of Legislative And Regulatory Drafting written by Ian McLeod and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-12 with Law categories.
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.
Drafting Legislation
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Author : Constantin Stefanou
language : en
Publisher: Routledge
Release Date : 2016-05-13
Drafting Legislation written by Constantin Stefanou and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Law categories.
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.
Legislative Drafting
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Author : Tonye Clinton Jaja
language : en
Publisher: Wolf Legal Publishers
Release Date : 2012
Legislative Drafting written by Tonye Clinton Jaja and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Bill drafting categories.
The drafter has skills and knowledge not generally possessed by policy makers. The drafter is an architect.an expert...a specialist...The difference between a legal mechanic and a legal craftsman turns largely on this point. -- G. Thornton, Legislative Drafting (London, Butterworths, 1996) p.125. *** As the quotation shows, without knowledge of legislative drafting theory and principles, a legislative drafter's competence is as incomplete. This book introduces the relevant theories and principles that are necessary for promoting quality legislation in the field of legislative drafting. A "legislative drafting theory" or "legislative theory" is defined as: "the structure of a drafter's justification for a bill constitutes the operative face of a de facto legislative theory and methodology". The first and fundamental theory is the necessity for a regulatory framework for legislative drafting as a holistic platform for promoting quality legislation. Closely related is the principle of effectiveness of legislation as the paramount goal in legislative drafting. By combining these two fundamental principles, the book demonstrates how legislative drafters can improve the quality of legislation. The purpose is not to lay down any hard-and-fast rules, but to provoke thinking by introducing the reader to principles derived from legislative drafting in the dominant jurisdictions of the common law, civil law, and the European Union law. Using legislative drafting in Nigeria as a case study, the book demonstrates how application of these theories and principles are likely to prove beneficial even in the most challenging jurisdiction. Examples from Nigeria's oil and gas legislation have been chosen to illustrate the hypothesis. Oil and gas legislation have been chosen considering its transnational nature and pervasive impact on the economy. This book is a significant contribution in the field of legislative drafting, considering that it is the first book that discusses the quality of legislation and not techniques of drafting which has suffered from a paralysis of analysis in other legislative drafting texts.
Drafting Legislation
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Author : Helen Xanthaki
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-16
Drafting Legislation written by Helen Xanthaki and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-16 with Law categories.
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.
Legal And Legislative Drafting
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Author : J. PAUL. SALEMBIER
language : en
Publisher:
Release Date : 2018
Legal And Legislative Drafting written by J. PAUL. SALEMBIER and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Regulatory Governance
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Author : Edward Donelan
language : en
Publisher: Springer Nature
Release Date : 2022-05-31
Regulatory Governance written by Edward Donelan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Political Science categories.
This book describes how governments formulate policies, draft legislation, and manage stocks of legislation and how approaches to these tasks are converging. That convergence has developed over 30 years through the work by the OECD in its studies on regulatory reform and the work of other international organizations to improve regulatory management. The Institutions of the European Union and its member states, OECD member countries and a growing number of developing and transitional countries have developed a policy best described as ‘Better Regulation.’ That policy is characterized using regulatory impact assessment, improving public consultation, and reducing administrative burdens. The policy has brought improvements in legislative drafting and managing stocks of legislation. The book concludes with a description of the impact of information technology on governments and how the challenges posed by the Internet, globalization and pandemics are being met by new approaches to regulating to ensure its benefits exceed its costs.
Legislative Drafting
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Author : G. C. Thornton
language : en
Publisher:
Release Date : 1979
Legislative Drafting written by G. C. Thornton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
Designing Effective Legislation
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Author : Maria Mousmouti
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Designing Effective Legislation written by Maria Mousmouti and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.
Commonwealth Legislative Drafting Manual
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Author : Roger Rose
language : en
Publisher: Commonwealth Secretariat
Release Date : 2017-11-30
Commonwealth Legislative Drafting Manual written by Roger Rose and has been published by Commonwealth Secretariat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
The Commonwealth Legislative Drafting Manual guides the practitioner step by step through the various things he or she needs to know. It also contains a series of appendices relating to the procedure for the preparation of legislation, the contents of drafting instructions, and some hints to the beginner on the best approaches to the task.
Recommendation Of The Council On Regulatory Policy And Governance
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2012-11-02
Recommendation Of The Council On Regulatory Policy And Governance written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-02 with categories.
This set of guidelines provides the measures by which governments can implement or advance regulatory reform.