Quality Of Drafting Of Community Legislation
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Author | : Helen Xanthaki |
Publisher | : Bloomsbury Publishing |
Total Pages | : 490 |
Release | : 2014-10-16 |
Genre | : Law |
ISBN | : 1782255087 |
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.
Author | : G. C. Thornton |
Publisher | : |
Total Pages | : 394 |
Release | : 1979 |
Genre | : Law |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 22 |
Release | : 1999 |
Genre | : Bill drafting |
ISBN | : |
Author | : Council of the European Union |
Publisher | : |
Total Pages | : 46 |
Release | : 2002 |
Genre | : Administrative agencies |
ISBN | : |
Author | : Helen Xanthaki |
Publisher | : |
Total Pages | : |
Release | : 2013 |
Genre | : |
ISBN | : 9781526515247 |
Author | : Constantin Stefanou |
Publisher | : Routledge |
Total Pages | : 352 |
Release | : 2016-05-13 |
Genre | : Law |
ISBN | : 1317148274 |
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.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Study Group on a European Civil Code |
Publisher | : sellier. european law publ. |
Total Pages | : 406 |
Release | : 2008 |
Genre | : Civil law |
ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author | : Great Britain: Parliament: House of Lords: Select Committee on the Constitution |
Publisher | : The Stationery Office |
Total Pages | : 198 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 9780104005408 |
Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence
Author | : Richard K. Neumann |
Publisher | : Aspen Publishing |
Total Pages | : 689 |
Release | : 2018-02-20 |
Genre | : Law |
ISBN | : 1454897775 |
Designed for upper-level survey legal drafting courses, this groundbreaking text explains drafting using a common vocabulary that applies to any legal document based on a fundamental rule structure, including statutes and other forms of public drafting as well as contracts and other forms of private drafting. This unified drafting approach gives students a common denominator approach to drafting all kinds of legal documents. In addition, students can use the techniques they’ve learned to deconstruct, interpret, and revise any kind of legal document composed of rules. This common-sense approach of teaching/learning a single vocabulary and set of skills to use in drafting any rules-based legal document is an innovative model for U.S. legal drafting courses, though it has been used in other countries for decades. Key Features: A unified approach that teaches students the general skills of drafting rules of law—duties, discretionary authority, and declarations, including their conditions in legal tests. Practice applying those skills to drafting a range of documents, including contracts, statutes, regulations, and other. Coverage of how courts interpret the rules and how to draft anticipating what the courts will do. An understanding of how law governs human behavior through the rules that students learn to draft. A wide range of classroom exercises on the detail of drafting. Additional drafting assignments, for use in and out of class, that help students learn how to use the rules and to accomplish clients’ goals.