- Section Preview
- Preparing a Bill
- Enacting a Bill
- Subsidiary legislation - How does its preparation differ?
Module 2: Section 1
In this Section, we examine the process typically followed in parliamentary jurisdictions for preparing and enacting legislation, the role played in this process by legislative counsel and how legislative counsel may be expected to contribute to the activities carried out at each stage. We are concerned mainly with the preparation of Bills, but similar stages are likely to be followed for subsidiary legislation.
By the end of this Section, you should be able to do the following:
In this Section, we are concerned with the following questions:
Treat this account as a model for parliamentary jurisdictions, rather than a description of what happens everywhere. You may find that a number of activities have little application in your jurisdiction. If there is no local practice to note, just make an entry to that effect.
This Section approaches the preparation of legislation in terms of 4 stages from the standpoint of legislative counsel. Stages 3 (Instructing legislative counsel) and 4 (Preparing the legislative text) are the principal concern of legislative counsel. Stage 3 is elaborated in Section 2 of this Module.
We have provided a number of documents, modelled on ones in use in some jurisdictions containing official instructions or guidelines for practice. In addition, the Appendix to this Section contains a Checklist for policy appraisal. Give these the same level of attention as the Study Text.
This Section is less concerned with writing skills than in others. You will be considering institutional arrangements, rather than the form and content of legislative texts, and how to respond to the demands those arrangements make on legislative counsel. Use this as the opportunity to find out how your system operates in comparison with the model, the extent to which it diverges from the model, and the implications of variations for legislative counsel in your jurisdiction.