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.
General
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