Download Drafting Legislation (Philosophy and Theory of Law: European by Constantin Stefanou PDF

By Constantin Stefanou

The purpose of this ebook is to end up Sir William Dale's doctrine that the principles for drafting quality laws are an identical in universal and civil platforms of legislation. Legislative ideas can as a result serve the drafter, the pass judgement on and the practitioner of any jurisdiction. The e-book discusses the overall factor of caliber in laws from the legislative strategy to the particular drafting interpretation and enforcement. It additionally analyses themes on the topic of caliber in laws corresponding to readability, precision and unambiguity, undeniable language and gender-neutral language and assesses even if Sir William's view of universality within the definition and components of caliber in laws is true or no longer.

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Drawing the Line 33 material must have some effect, even though none is intended; and there is also a risk that the courts, having recognised the redundancy of the provision, will be misled into assuming that other provisions, which are intended to have an effect, are also mere window dressing. These implications can go beyond the Bill in question. However, the line between what is necessary and what is not is a matter of judgement in the circumstances and sometimes today’s more pressing considerations (such as the need to get the Bill passed) cannot be ignored when making the judgement.

Choosing the words for a statute can often involve subtle and difficult judgements to be made in circumstances in which long experience is the only guide. Chapter 3 Legislative Intention Ian McLeod Introduction It would be difficult to deny that, in the context of the day to day realities of legislative and judicial practice within a liberal democracy, the legislature and the courts function in some sort of partnership with each other. 2 The most obvious, and satisfactory, way of establishing the requisite legitimacy is by way of arguing that the courts are implementing the intention of the legislature because this clothes the courts’ interpretative activities with democratic legitimacy, even if only on a vicarious basis.

Choosing the words for a statute can often involve subtle and difficult judgements to be made in circumstances in which long experience is the only guide. Chapter 3 Legislative Intention Ian McLeod Introduction It would be difficult to deny that, in the context of the day to day realities of legislative and judicial practice within a liberal democracy, the legislature and the courts function in some sort of partnership with each other. 2 The most obvious, and satisfactory, way of establishing the requisite legitimacy is by way of arguing that the courts are implementing the intention of the legislature because this clothes the courts’ interpretative activities with democratic legitimacy, even if only on a vicarious basis.

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