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Enhancing Legislative Drafting in the Commonwealth: A Wealth of Innovation

Editat de Helen Xanthaki
en Limba Engleză Paperback – 18 dec 2020
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.
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Specificații

ISBN-13: 9780367739812
ISBN-10: 036773981X
Pagini: 166
Dimensiuni: 156 x 234 mm
Greutate: 0.31 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Cuprins

1. Quality of Legislation in the Commonwealth  2. Is legislative drafting a form of communication?  3. Clarity, precision and unambiguity: aspects for effective legislative drafting  4. In pursuit of clarity: how far should the drafter go?  5. Plain language: give it a try!  6. Drafting and plain language  7. Gender neutral language: an essential language tool to serve precision, clarity and unambiguity  8. Is gender neutral drafting an effective tool against gender inequality?  9. Legislative drafters: lawyers or not?  10. The role of the Rwandan legislative drafter in the legislative process: analysis stage  11. Prioritising legislation in the legislative process  12. Savings clause: get it right  13. The effect of transplanting legislation from one jurisdiction to another  14. Prerogative legislation as a paradigm of bad law making: the Chagos Islands  15. Incorporation of international and regional human rights instruments: comparative analysis of methods  16. Properly drafted arbitration agreements as a safeguard to its adequate interpretation: Rwanda as a case study

Descriere

This edited collection brings together the critical wisdom of professional legislative drafters from a wide number of Commonwealth jurisdictions as a means of celebrating innovations in legislative drafting approaches and styles, and, perhaps more importantly, of raising awareness of the new techniques as models for change.


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