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"...the uber-manual of all legislative drafting manuals" Statute Law Review, 2023, 44 If you're involved in drafting or amending legislation in the Commonwealth, the EU 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 sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the “why” behind legislative conventions, thus becoming equipped with the tools for their application in practice.
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.
"...the uber-manual of all legislative drafting manuals" Statute Law Review, 2023, 44 If you're involved in drafting or amending legislation in the Commonwealth, the EU 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 sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the “why” behind legislative conventions, thus becoming equipped with the tools for their application in practice.
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 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.
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.
Apart from the basic principles of the legislative drafting, the book also deals with main parts of the legislation of an Act and their importance drafting of legislation, preparing a legislative scheme before actual drafting of legislations, drafting of Constitutions and subordinate legislation. The book covers almost all the aspects related to legislative drafting. It is capable of teaching the principles and techniques to one commencing on the path of legislative drafting and practically guiding till the end. This book will be useful to those entrusted with the task of interpreting the laws, for one of the techniques of interpretation is to peep into the mind of draftsman and appraise oneself of the tools and techniques employed by the draftsman.