Drafting Legislation
eBook - PDF

Drafting Legislation

Art and Technology of Rules for Regulation

  1. 392 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Drafting Legislation

Art and Technology of Rules for Regulation

About this book

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.

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Yes, you can access Drafting Legislation by Helen Xanthaki in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Year
2014
Print ISBN
9781849464284
eBook ISBN
9781782255079
Edition
1
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Half-title
  3. Title
  4. Copyright
  5. Dedication
  6. Contents
  7. Table of Cases
  8. Table of Legislation
  9. 1. Legislation as a Means of Regulation: Effectiveness in Legislative Drafting
  10. 2. Drafting Instructions
  11. 3. The Legislative Plan: Designing a Legislative Solution
  12. 4. Structure of a Bill
  13. 5. Clarity, Precision, Unambiguity and the Legislative Sentence
  14. 6. Plain Language
  15. 7. Preliminary Provisions
  16. 8. Principal Provisions: the National, EU and International Dimension
  17. 9. Final Provisions
  18. 10. Comparative Legislative Drafting
  19. 11. Time in Legislation
  20. 12. Amending Provisions
  21. 13. Penal Provisions
  22. 14. Delegated Legislation
  23. 15. Drafting for Consolidation v Drafting for Codification
  24. 16. Taxation Legislation
  25. 17. Extra-territorial Legislation
  26. 18. Statutory Interpretation and Legislative Drafting
  27. 19. Quality of Legislation Post-Lisbon and the Role of Parliaments
  28. 20. Legislative Education and Training
  29. Index