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Vol 21 No 11 Nov/Dec 2016

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Drafting Legislation: A Modern Approach (eBook)

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Edited by: Constantin Stefanou, Helen Xanthaki

ISBN13: 9781317148265
Published: October 2008
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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The aim of this book is 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 analyses topics related to quality in legislation such as clarity, precision and unambiguity, 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.

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Subjects:
Constitutional and Administrative Law, eBooks, Statutory Interpretation and Legislative Drafting
Contents:
On transferability of legislative solutions: the functionality test,
Helen Xanthaki
Drawing the line,
Stephen Laws
Legislative intention,
Ian McLeod
Legislator's intent: how judges discern it and what they do if they find it,
Keith Mason
The techniques of gender-neutral drafting,
Daniel Greenberg
Drafting legislation at the tax law rewrite project,
Hayley Rogers
Retrospectivity in the drafting and interpretation of legislation,
Lydia Clapinska
Repealing or amending legislation by non-legislative means,
Alec Samuels
Pre-legislative scrutiny,
Zione Ntaba
The role of the legislative drafter in promoting social transformation,
Richard C. Nzerem
Improving democratic development by better regulation,
Ulrich Karpen
Drafting principles of existing European contract law,
Gerhard Dannemann
Drafting of EU acts: a view from the European Commission,
William Robinson
Drafting to implement EU law: the European arrest warrant in the United kingdom,
Valsamis Mitselegas
Procedures for the approximation of Albanian legislation with the Acquis Communautaire,
Alfred E. Kellermann
Compromise and clarity in international drafting,
Eileen Denza
Can legislation rank as literature?,
Helen Caldwell
Open management of legislative documents,
Giovanni Sartor
Between policy and implementation: legislative drafting for development,
Ann Seidmann and Robert B. Seidmann
Drafting, drafters and the policy process,
Constantin Stefanou
Index.