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Drafting Legislation: Art and Technology of Rules for Regulation

ISBN13: 9781849464284
Published: October 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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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 Flyberg'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 is pursued 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.

Statutory Interpretation and Legislative Drafting
1. Legislation as a Means of Regulation: Effectiveness
in Legislative Drafting
2. Drafting Instructions
3. The Legislative Plan: Designing a Legislative Solution
4. Structure of a Bill
5. Clarity, Precision, Unambiguity and the Legislative Sentence
6. Plain Language
7. Preliminary Provisions
8. Principal Provisions: the National, EU and International
9. Final Provisions
10. Comparative Legislative Drafting
11. Time in Legislation
12. Amending Provisions
13. Penal Provisions
14. Delegated Legislation
15. Drafting for Consolidation v Drafting for Codification
16. Taxation Legislation
17. Extra-territorial Legislation
18. Statutory Interpretation and Legislative Drafting
19. Quality of Legislation Post-Lisbon and the Role
of Parliaments
20. Legislative Education and Training