Drafting Legislation

Drafting Legislation

Author: Constantin Stefanou

Publisher: Routledge

Published: 2016-05-13

Total Pages: 352

ISBN-13: 1317148274

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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.


Legislative Drafting for the EU

Legislative Drafting for the EU

Author: Helen Xanthaki

Publisher: Edward Elgar Publishing

Published: 2024-04-12

Total Pages: 375

ISBN-13: 1788114345

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Legislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.


Power, Gender and Social Change in Africa

Power, Gender and Social Change in Africa

Author: Raj Bardouille

Publisher: Cambridge Scholars Publishing

Published: 2009-03-26

Total Pages: 359

ISBN-13: 1443806285

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Gender plays a hugely significant and too often under-considered role in predicting how accessible resources such as education, wage-based employment, physical and mental health care, adequate nutrition and housing will be to an individual or community. According to a 2001 World Bank report titled Engendering Development—Through Gender Equality in Rights, Resources, and Voice, enormous disparities exist between men and women in terms of basic rights and the power to determine the future, both in Africa and around the globe. A better understanding of the links between gender, public policy and development outcomes would allow for more effective policy formulation and implementation at many levels. This book, through its discussion of the challenges, achievements and lessons learned in efforts to attain gender equality, sheds light on these important issues. The book contains chapters from an interdisciplinary group of scholars, including sociologists, economists, political scientists, scholars of law, anthropologists, historians and others. The work includes analysis of strategic gender initiatives, case studies, research, and policies as well as conceptual and theoretical pieces. With its format of ideas, resources and recorded experiences as well as theoretical models and best practices, the book is an important contribution to academic and political discourse on the intricate links between gender, power, and social change in Africa and around the world.


Engaging with Social Rights

Engaging with Social Rights

Author: Brian Ray

Publisher: Cambridge University Press

Published: 2016-04-21

Total Pages: 395

ISBN-13: 1107029457

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With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.


Legislative Drafting

Legislative Drafting

Author: Aldo Zammit Borda

Publisher: Routledge

Published: 2013-10-31

Total Pages: 146

ISBN-13: 1317983025

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Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson. This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond. This book was based on a special issue of Commonwealth Law Bulletin.


Drafting Legislation

Drafting Legislation

Author: Helen Xanthaki

Publisher: Bloomsbury Publishing

Published: 2014-10-16

Total Pages: 490

ISBN-13: 1782255087

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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 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.