LGST 551
Introduction to Legislative Drafting (OCW)

 

LGST 551
Introduction to Legislative Drafting (OCW)

Study Materials

Module 1: Section 3

Review

In this Section you have been establishing a framework for the work to come on drafting skills and techniques. You should now have a clearer picture of how current practices have been influenced by the approaches evolved and developed over the last 150 years. In particular, you should understand the influence of Coode’s analysis and system. You should also have a clear grasp of the qualities that well-drafted legislation exhibits and the principal ways by which Legislative Counsel can provide them.

At the end of this Section, you should be able to do the following:

  • describe the way legislative drafting developed in the England and how that development has influenced the way that we draft today;
  • provide an overview of the principal characteristics of legislative drafting in jurisdictions based on the British parliamentary model;
  • establish the principal objectives for which legislative counsel should work and the fundamental practices that are most likely to contribute to achieving them.

Read again through the Essential Questions at the beginning of this Section. Are you satisfied that your work with them has enabled you to achieve the Section Objectives?

Do not expect to be able to use all that you have just learned when drafting new provisions. However, you should feel confident that you know now what you should be trying to put into practice when working on the later Modules. In particular, you should be able to recall the basic Coode thesis on the syntax of legislative sentences, the objectives of legislative drafting (the 7 C’s) and the 7 Basic Drafting Practices by which they can be achieved. If you cannot, take time to confirm them by re-reading the appropriate parts.

After you leave this Section, you are unlikely to need to look back at the first three parts, as the ground is covered again in more detail later. But there is much to be said for reminding yourself from time to time about your Drafting Objectives and the methods for achieving them. Consider making a check-list of them, which you can keep close to your desk.

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