Drafting Legislation

Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255079
Size: 73.38 MB
Format: PDF, ePub
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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.

Drafting Legislation

Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255087
Size: 61.86 MB
Format: PDF, ePub, Mobi
View: 1113
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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.

Drafting Legislation

Author: Helen Xanthaki
Publisher:
ISBN: 9781474201308
Size: 55.75 MB
Format: PDF, ePub, Docs
View: 5038
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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 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."--Résumé de l'éditeur.

Thornton S Legislative Drafting

Author: Helen Xanthaki
Publisher: Bloomsbury Professional
ISBN: 9781780432090
Size: 36.49 MB
Format: PDF, ePub
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If you're involved in drafting or amending legislation in the Commonwealth or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new fifth edition includes full coverage of contemporary drafting developments and advances. How will Thornton's Legislative Drafting help you in your work? Guides you through the five stages of the drafting process; Guides you through the legislative sentence, the structure of the Act, and the drafting of preliminary, substantive, final, and special provisions; Provides valuable updates on the drafting of preliminary and final provisions; Demonstrates contemporary drafting conventions through fresh examples of recent legislatio;n; Shows developments in their historical context through the use of selected older examples. The detailed, learned and professional guidance you have been used to in previous editions remains the same, along with examples of best - and bad - practice. The work updates these 'best practice' examples with modern expressions and excerpts from current legislation, from both larger and smaller Commonwealth jurisdictions and the USA - so you can make sure the wording you use is current and contemporary. Previous edition ISBN: 9781845923532

Drafting Legislation

Author: Constantin Stefanou
Publisher: Routledge
ISBN: 1317148274
Size: 15.66 MB
Format: PDF, Docs
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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.

Principles Of Legislative And Regulatory Drafting

Author: Ian McLeod
Publisher: Hart Pub Limited
ISBN:
Size: 20.47 MB
Format: PDF, ePub, Mobi
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Principles of Legislative and Regulatory Drafting provides a succinct guide to an area of law and practice which has previously been poorly served by English textbooks. It explains how drafters can convert legislative and regulatory policy into a form which has the desired effect in the most direct and accessible way.On the basis that those who seek to communicate must be conscious of how their words will be read, it includes a chapter on interpretation. Other chapters include the nature of drafting instructions (including ethical considerations), the general principles of drafting, the protection of human rights, the creation of statutory corporations and schemes of licensing, subordinate legislation, and the creation of criminal offences.The principles and skills of drafting are very largely common to both the legislative and regulatory fields, but the book draws attention to areas in which significant differences arise.Extracts from the Interpretation Act 1978 and the European Convention on Human Rights are included as Appendices.The book provides an invaluable introduction for those engaged in legislative and regulatory drafting, while also being useful to anyone who is interested in the creation and interpretation of legislative and regulatory texts.

Legislative Drafter S Desk Reference 2nd Ed

Author: Lawrence E Filson
Publisher: SAGE
ISBN: 0872894118
Size: 67.69 MB
Format: PDF, ePub
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The Legislative Drafter�s Desk Reference is a practical guide to the drafting of federal and state laws for law and public policy students, and legal, lobbying, and legislative professionals. It contains a treasure trove of information that sets forth solid drafting principles in language that is easy to understand. It offers an introduction to the concept and the process of bill drafting along with step-by-step details of all the issues associated with crafting legislative bills or agency regulations.′′′′The new and updated second edition captures how the work of legislative drafting has changed dramatically since the first edition because of the impact of word processing and the Internet in the drafting process. It features:′′ ′′Chapter length treatments of the issues associated with crafting bill preliminaries, provisions, amendatory provisions, and style and usage′′Discussion of emerging issues such as pay/go, budget, appropriations procedures, practical political realities, court treatment of statutory construction principles, and other factors that have emerged to make the process of drafting and amending legislation more complex′′Helpful compare/contrast exercises derived from poorly drafted bills′′Coverage of new issues such as the unintended consequences of legislation and how to make technical corrections to statutes′′New material on drafting regulations for federal and state executive branch personnel′′′′′′

Legislative Drafting Step By Step

Author: Arthur J. Rynearson
Publisher:
ISBN: 9781611633801
Size: 54.87 MB
Format: PDF, Kindle
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"Legislative Drafting Step-by-Step is a practical, step-by-step guide to drafting legislation. This ""how to"" book untangles the web of confusion and technical detail that surrounds legislative drafting and presents drafting in an easy-to-understand way. In so doing, legislative drafting is shown to be a fun, intellectually engaging endeavor and not an intimidating prospect to be dreaded. In short, this concise, user-friendly guide seeks to de-mystify legislative drafting.Legislative Drafting Step-by-Step includes the following: • A five-step framework for analysis to guide the drafter in converting any legislative proposal into an actual bill, resolution, or amendment.• Easy-to-learn rules to carry out each step of drafting.• More than 150 examples of draft legislative language.• 19 charts and tables illustrating the text.• 9 drafting exercises, together with the answers, to test drafting skills.• A description of the United States legislative process, as viewed by a legislative drafter.• 16 House and Senate bill, resolution, and amendment forms.Legislative Drafting Step-by-Step is designed to assist legislators, their staffs, and all who read or write legislation to better understand the basics of legislative drafting and the important role that well written legislation plays in promoting the rule of law. To this end, this guide may be used either as an essential reference tool for any office drafting legislation or as an introduction to legislative drafting for anyone seeking to learn the craft.Legislative Drafting Step-by-Step is copublished by the International Law Institute."

Legislative Drafting

Author: Tonye Clinton Jaja
Publisher: Wolf Legal Publications
ISBN: 9789058508720
Size: 68.89 MB
Format: PDF
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The drafter has skills and knowledge not generally possessed by policy makers. The drafter is an architectâ?¦an expert...a specialist...The difference between a legal mechanic and a legal craftsman turns largely on this point. -- G. Thornton, Legislative Drafting (London, Butterworths, 1996) p.125. *** As the quotation shows, without knowledge of legislative drafting theory and principles, a legislative drafter's competence is as incomplete. This book introduces the relevant theories and principles that are necessary for promoting quality legislation in the field of legislative drafting. A "legislative drafting theory" or "legislative theory" is defined as: "the structure of a drafter's justification for a bill constitutes the operative face of a de facto legislative theory and methodology". The first and fundamental theory is the necessity for a regulatory framework for legislative drafting as a holistic platform for promoting quality legislation. Closely related is the principle of effectiveness of legislation as the paramount goal in legislative drafting. By combining these two fundamental principles, the book demonstrates how legislative drafters can improve the quality of legislation. The purpose is not to lay down any hard-and-fast rules, but to provoke thinking by introducing the reader to principles derived from legislative drafting in the dominant jurisdictions of the common law, civil law, and the European Union law. Using legislative drafting in Nigeria as a case study, the book demonstrates how application of these theories and principles are likely to prove beneficial even in the most challenging jurisdiction. Examples from Nigeria's oil and gas legislation have been chosen to illustrate the hypothesis. Oil and gas legislation have been chosen considering its transnational nature and pervasive impact on the economy. This book is a significant contribution in the field of legislative drafting, considering that it is the first book that discusses the quality of legislation and not techniques of drafting which has suffered from a paralysis of analysis in other legislative drafting texts.

Understanding Bankruptcy

Author: Jeff Ferriell
Publisher: LexisNexis
ISBN: 0327182865
Size: 77.61 MB
Format: PDF
View: 4613
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This book provides a detailed introduction to bankruptcy and related state and federal debtor-creditor law. It is equally useful in an introductory Creditors' Rights course that emphasizes bankruptcy; a free-standing Bankruptcy course; or an advanced course in Chapter 11 Reorganization. It provides an ample explanation of the issues likely to arise in any of these courses, specifically including issues raised by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is also a useful and inexpensive single-volume guide for new and experienced bankruptcy practitioners. This eBook features links to Lexis Advance for further legal research options.