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This book outlines the procedures used in many Commonwealth countries in key areas of the legislative process, especially on the executive side of government. It also covers the procedures in the legislature and the entry into force of different types of legislation. The jurisdictions discussed include the United Kingdom, Canada, Australia and New Zealand, as well as others in Asia, Africa and the Caribbean. The intention is to assist legislative counsel, politicians and students gain a wider perspective of processes in which drafters, civil servants and politicians participate. In this process, the book also lays bare certain procedures that should now be considered international best practice in the Commonwealth. The book is a follow-up to the authors well-received earlier publication The Legislative Process: A Handbook for Public Officials (2009). However, this book considerably expands on the earlier one in terms of the countries and areas covered, as well as the whole approach to the subject.
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
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.
People are generally aware that legislation is introduced through Bills that are sent to the legislature, usually by the executive, and then passed into law. Few, however, are familiar with the processes that precede the submission of a Bill to the legislature. In fact, what eventually comes to the legislature is the product of long, often laborious processes, which go on for weeks, months and even years. To ensure that the civil servants and others who may be involved in shaping proposals are able to candidly express their views on policies that are being developed and refined, the deliberations on the executive side of government traditionally take place in secrecy. Mainly for that reason, the processes are not well known to the general public and even to some activists who lobby for or against legislation. This book, written by a lawyer who has long experience participating in these processes, gives rare insight into how legislative proposals are conceived, developed and finally written into the law. It also contains easy-to- understand technical information that explains the significance of certain features of statutes. Further, it deals with other matters that follow after enactment including publication, entry into force, application and much more.
Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence
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.