نویسندگی قوانین: رویکردی مدرن (فلسفه و نظریه حقوق: حقوق اروپایی)

The aim of this book is 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 analyses topics related to quality in legislation such as clarity, precision and unambiguity, 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. In Memory Of Sir William (leonard) Dale Kcmg (1906-2000).--p. [ii]. On Transferability Of Legislative Solutions : The Functionality Test / Helen Xanthaki -- Drawing The Line / Stephen Laws -- Legislative Intention / Ian Mcleod -- Legislator's Intent : How Judges Discern It And What They Do If They Find It / Keith Mason -- The Techniques Of Gender-neutral Drafting / Daniel Greenberg -- Drafting Legislation At The Tax Law Rewrite Project / Hayley Rogers -- Retrospectivity In The Drafting And Interpretation Of Legislation / Lydia Clapinska -- Repealing Or Amending Legislation By Non-legislative Means / Alec Samuels -- Pre-legislative Scrutiny / Zione Ntaba -- The Role Of The Legislative Drafter In Promoting Social Transformation / Richard C. Nzerem -- Improving Democratic Development By Better Regulation / Ulrich Karpen -- Drafting Principles Of Existing European Contract Law / Gerhard Dannemann -- Drafting Of Eu Acts: A View From The European Commission / William Robinson -- Drafting To Implement Eu Law : The European Arrest Warrant In The United Kingdom / Valsamis Mitsilegas -- Procedures For The Approximation Of Albanian Legislation With The Acquis Communautaire / Alfred E. Kellermann -- Compromise And Clarity In International Drafting / Eileen Denza -- Can Legislation Rank As Literature? / Helen Caldwell -- Open Management Of Legislative Documents / Giovanni Sartor -- Between Policy And Implementation : Legislative Drafting For Development / Ann Seidman, And Robert B. Seidman -- Drafting, Drafters, And The Policy Process / Constantin Stefanou. Edited By Constantin Stefanou And Helen Xanthaki. Includes Bibliographical References And Index. "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 through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what is pursued by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions."--Bloomsbury Publishing.

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.

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. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement, as well as issues of clarity, precision and disambiguity, plain language and gender-neutral language