ABSTRACT

This chapter addresses a different aspect of the role of a legislative drafter. It deals with drafting with a view to achieving good governance and, in particular, combating a culture of corruption which has a tendency to undermine good governance. The exercise of executive power in a non-arbitrary manner is one of the main characteristics of good governance. The profession of legislative drafting is one discipline of law that requires complete devotion, focused attention and consistent hard work. The law must be used as an agent to facilitate development, social change and social transformation, especially in the face of such powerfully overwhelming new forms of potential disempowerment as globalisation. Typical examples of this are where as a result of some kind of turmoil, such as emergence from colonial rule, endemic civil disorder or war, society has become dysfunctional and the normal institutions of society can no longer be relied upon to function effectively.