- Section Preview
- 1. General Considerations
- 2. Preparing an Outline
- 3. Factors Influencing an Outline for a Bill
Module 1: Section 2
In this Section, we explore in greater detail one of the stages in preparing legislation that should precede composition—preparing an outline for a legislative text. An outline should be taken as the bridge between analysis of the legislative proposals and the composition of the legislative provisions.
You may be tempted to pass over this stage when drafting legislation—many legislative counsel do. But if properly undertaken it can greatly ease your task of composing the individual provisions, as you will have a much clearer view of where you are going, what you need to provide and how those rules are to relate to each other. In short, it prepares the ground for structuring the provisions in the ways you worked with in Section 1.
Any car driver will tell you that a long journey to an unfamiliar destination through unknown country needs a good map and a prepared route. In designing an outline for a legislative text, see your task as that of providing a map and a route for your future travel through the drafting process. The shorter the text (and the journey), the easier the task.
By the end of this Section, you should be able to prepare an outline for a short legislative text.
This Section is divided into three subsections organised in terms of the following questions:
This Section is short, and the matters discussed in subsection 1 are not difficult to grasp. However, subsection 2, which sets out guidelines for organising a legislative text by drawing up an outline, calls for close attention. You may have initial problems with the basic principles of classification that underlie this part. Look closely at the examples; they are designed to illustrate the theoretical points by practical examples. You may need to go over the ground more than once before you are confident about the approaches recommended.
Exercises are provided to enable you to test whether you have grasped the principles involved in this Section. Use these to test whether you have mastered the approach suggested.