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"...the uber-manual of all legislative drafting manuals" Statute Law Review, 2023, 44 If you're involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and ...
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader ...
Previous edition published by Butterworths in 1996.
The quality of legislation within the Commonwealth is an essential element of democracy and the rule of law. Although a neglected territory until recently, the legislative drafting debate is at the forefront of academic and professional fora at a Commonwealth and at a national level. This book brings to light the academic foundations of legislative quality and the many recent innovations deriving from Commonwealth jurisdictions. This book was based on a special issue of the Commonwealth Law Bulletin.
Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.
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Legislation in European countries / Ulrich Karpen and Helen Xanthaki -- Legislation in Austria / Karl Irresberger and Christoph Konrath -- Legislation in Belgium / Patricia Popelier -- Legislation in Bulgaria / Martin Belov -- Legislation in Croatia / Ivan Koprić -- Legislation in Cyprus / Nicoletta Ioannou -- Legislation in the Czech Republic / Robert Zbíral -- Legislation in Denmark / Helle Krunke -- Legislation in Estonia / Jaan Ginter, Aare Kasemets and Raul Narits -- Finland / Jyrki Tala -- Legislation in France / Karine Gilberg -- Legislation in Germany / Ulrich Karpen -- Legislation in Greece / Maria Mousmouti -- Legislation in Hungary / Tímea Drinóczi -- Legislation in Ireland / ...
Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
Teaching Entrepreneurship advocates teaching entrepreneurship using a portfolio of practices, including play, empathy, creation, experimentation, and reflection. Together these practices help students develop the competency to think and act entrepreneu
First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state’s unilateral measures.