ABSTRACT

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.

chapter 1|18 pages

On Transferability of Legislative Solutions

The Functionality Test

chapter 2|16 pages

Drawing the Line 1

chapter 3|14 pages

Legislative Intention

chapter 4|14 pages

Legislator's Intent

How Judges Discern it and What They do if They Find it

chapter 9|12 pages

Pre-legislative Scrutiny

chapter 14|14 pages

Drafting to Implement EU Law

The European Arrest Warrant in the United Kingdom

chapter 19|34 pages

Between Policy and Implementation

Legislative Drafting for Development 1