LGST 555
Drafting Preliminary, Amending, and Final Provisions (OCW)

 

LGST 555
Drafting Preliminary, Amending, and Final Provisions (OCW)

Study Materials

Module 1: Section 5

Section 5 Preview

When and how do we draft purpose clauses?

This Section deals with a type of preliminary provision that is used regularly in some jurisdictions, but rarely in others: purpose clauses. However, their value is increasingly recognised. This Section explains when they may contribute to a better understanding of the aims of legislation and how it may be used.

Section Objective

This Section is designed to enable you to:

  • find out local practice on the use of purpose clauses;
  • examine and put into practice the techniques for producing sound and well drafted purpose clauses.

The objective of this Section is to enable you to draft a purpose clause when one is required.

Essential Questions

The following topics and questions are considered in this Section:

  1. What is a purpose (or objects) clause?
  2. Why use a purpose clause?
  3. Why don’t legislative counsel use purpose clauses more often?
  4. When is a purpose clause useful?
  5. How should a purpose clause be drafted?

Studying this Section

Your aim in this Section is to find out whether purpose clauses are or might be used in your jurisdiction and to compare any local practice with developments elsewhere. As the topic may be unfamiliar, make sure you fully understand how these clauses differ from other provisions that give an indication of what a legislative text is about (for example, long titles and preambles) and when they may be of particular value. This Section is short and you should be able to complete it quickly.   

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