Legislative Drafting

Legislative Drafting

Drafting of legislation

According to the paper Processes, Standards, and Politics: DRAFTING SHORT TITLES IN THE WESTMINSTER PARLIAMENT, SCOTTISH PARLIAMENT, AND U.S. CONGRESS, by Brian Christopher Jones, “the drafting of legislation, is becoming a global interactive phenomenon. In 2002 a Canadian bill drafter penned an article revealing that his office has worked with a number of governments throughout the years, including both developed and developing countries; countries that were attempting to improve their overall legislative capabilities (e.g., Russia, China, France, Italy, Argentina, and Vietnam).(1) The consultation developing between these countries is surprising, because many of their societies, legal systems and especially lawmaking institutions are vastly different from one another. Nonetheless, they have sought outside consultation in order to ascertain best practices. Noting that this ?globalization of legislative drafting is ?not just a flash in the pan Canadian legislative drafter Robert Bergeron states that though a rigid international uniformity of such practices is not likely to develop, a ?crying need worldwide for experts in legislative drafting is expanding.(2) New Zealand law professor Nigel Jamieson believes that because of the globalization of legislative drafting the probability that statutes will resemble one another from jurisdiction to jurisdiction is likely to increase, thus giving rise to a so-called Global Statute.37 However the future of legislative drafting works out, it is very likely that experts from different countries will have more interaction with one another than they previously shared.”

Also, “the role of civil servants (i.e., drafters and House Authorities) in the drafting, naming and approving of legislation have different roles in each jurisdiction…. The U.S. Congress, U.K. Parliament, and Scottish Parliament each have an Office of Parliamentary Counsel that is composed of civil servant attorneys who specialize in drafting legislation.” In the United States, each chamber (the Senate and the House of Representatives) have their own Parliamentary Counsel.

Notes

35. Robert C. Bergeron, Globalization of Dialogue on the Legislative Process, 23 STATUTE L. REV. 85 (2002).
36. Id. at 90.

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Legislative drafting

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Politics > Parliamentary proceedings > Legislative procedure > Legislative drafting

See also

  • EC interim agreement
  • Provisional implementation of an EC agreement
  • EC joint body
  • Drafting of a bill
  • Drafting of a law
  • Legislative quality of a law
  • Linguistic quality of a law

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