tag:blogger.com,1999:blog-32231680802333420632023-12-29T08:31:15.525+00:00Legislative DraftersLegislative Drafters is a forum for the international drafting community established by the Institute of Advanced Legal Studies (IALS), in the School of Advanced Study, University of LondonInstitute of Advanced Legal Studieshttp://www.blogger.com/profile/17878465747596226462noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-3223168080233342063.post-91134183218825877082012-01-26T08:05:00.002+00:002012-01-26T08:13:52.490+00:00The Dangerous Drafters' Act Strikes Again1. The Dangerous Dogs Act has been back in the news as a result of two recent horrendous attacks by dogs. And it is not generally out of the news for long. Not many acts have their own website: the Dangerous Dogs Act does - http://dangerousdogsact.com/Dangerous Dogs Act - Campaigning for a Better Law.2. It's worth looking at the site - it contains a trenchant but well-argued discussion of the Daniel Greenberghttp://www.blogger.com/profile/12262319561931483221noreply@blogger.com6tag:blogger.com,1999:blog-3223168080233342063.post-24068770478352231482011-07-22T16:38:00.002+01:002011-07-22T16:41:14.783+01:00Quality of legislation and the European ParliamentQuality, or lack of, in European legislation was an issue explored by the European Parliament in a public hearing held on 21 June 2011. The hearing revealed that the Commission's move from Better Regulation to Smart Regulation may be pre-mature. EU legislation continues to be bad, simply accepting this and moving to measures of post legislative scrutiny will not solve the problem. A better Professor Helen Xanthakihttp://www.blogger.com/profile/04644592162101106235noreply@blogger.com4tag:blogger.com,1999:blog-3223168080233342063.post-48735501559380290862011-06-29T20:00:00.000+01:002011-06-29T20:02:13.286+01:00Starting new threads.A few people have asked about difficulties in starting new threads on here. So I tried it and it seems to work! You need to create an account and sign in. If you are having difficulties feel free to let me know at dgreenberg@hotmail.co.uk and I will try to help.Thanks,DanielDaniel Greenberghttp://www.blogger.com/profile/12262319561931483221noreply@blogger.com5tag:blogger.com,1999:blog-3223168080233342063.post-46771547414238258982011-02-12T17:46:00.003+00:002011-02-16T15:18:24.541+00:00Publication of laws in Sierra LeoneKadidja tells us that in Sierra Leone some of the laws are published on line at
http://www.sierra-leone.org/laws.html.
She says: All I can say is that it has made life tremendously easy for not only drafters and lawyers in Sierra Leone but also for the educated non-lawyer, investors and others who would want access to our laws. It is surely a good thing and must be encouraged in other Professor Helen Xanthakihttp://www.blogger.com/profile/04644592162101106235noreply@blogger.com5tag:blogger.com,1999:blog-3223168080233342063.post-75394544754565173842011-02-12T17:38:00.002+00:002011-02-12T17:45:59.399+00:00Malawi law prohibitng the passing of flatulence in publicThere have been numerous reports on alleged new legislation in Malawi prohibiting the 'passing' of flatulence in public. Our colleague Mikasha sought information from Reyneck, a Malawi drafter. Reynceck says:This is not true, and i did not draft it. However, let me give you a bit more information on this "piece of legislation". The piece of legislation that has caused all this hullabaloo is the Professor Helen Xanthakihttp://www.blogger.com/profile/04644592162101106235noreply@blogger.com6tag:blogger.com,1999:blog-3223168080233342063.post-50654713535673523352011-02-12T17:37:00.001+00:002011-02-12T17:38:46.209+00:00Retrospective legislationA colleuage from Malaysia, Noor, has asked me to start this thread. Noor says:I checked the Malaysian Constitution and confirmed that the Art 66(5) provided as follows:"A Bill shall become law on being assented by Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone Professor Helen Xanthakihttp://www.blogger.com/profile/04644592162101106235noreply@blogger.com5tag:blogger.com,1999:blog-3223168080233342063.post-24271929507127209662010-12-19T14:13:00.006+00:002010-12-20T10:33:37.993+00:00Legislation by Threat1. Two Bills in very different contexts in the UK Parliament have raised the same question in relation to the proper effect of proposed legislation.2. The Superannuation Bill was introduced expressly not for the purposes of achieving a change in the law itself, but in order to compel the Civil Service Unions to negotiate changes to the Compensation Scheme under threat of the imposition of an "Daniel Greenberghttp://www.blogger.com/profile/12262319561931483221noreply@blogger.com5tag:blogger.com,1999:blog-3223168080233342063.post-91071380343028746182010-11-30T17:23:00.001+00:002010-11-30T17:24:45.340+00:00Career choicesJames Mugo posted the question below as a comment on another thread - and I have turned it into the first post on a new thread so as to make it easier for people to find and join in.Daniel Need Help! I am torn between training as a solicitor or legislative drafter. What are the advantages and disadvantages of each? Thanks. James Mugo 30 November 2010 17:19Daniel Greenberghttp://www.blogger.com/profile/12262319561931483221noreply@blogger.com13tag:blogger.com,1999:blog-3223168080233342063.post-71550578134513257592010-11-04T11:59:00.004+00:002010-11-04T12:01:48.789+00:00Welsh Legislative DraftingThe National Assembly for Wales' Constitutional Affairs Committee is in the middle of an enquiry into the quality of the drafting of their Measures. For the video of my oral evidence to the Committee yesterday morning see http://www.senedd.tv/archiveplayer.jsf. The Committee's report promises to be interesting - I will keep the blog posted.Daniel Greenberghttp://www.blogger.com/profile/12262319561931483221noreply@blogger.com5tag:blogger.com,1999:blog-3223168080233342063.post-71402696524890538962010-10-28T17:59:00.003+01:002010-10-28T18:10:07.013+01:00Plain Language MovementDoes the Plain Languge Movement for writing of laws, require Cooperation from the drafters as well as the Courts? As the movement is likely to fail if the plainly drafted law, that is so written for a plain man, is not interpreted by the Court plainly (literal rule) as understood by a man of ordinary prudence. OR this situation casts more burden on the drafters to be more vigilant in drafting so Mazhar Ilahihttp://www.blogger.com/profile/15253332729923142460noreply@blogger.com8tag:blogger.com,1999:blog-3223168080233342063.post-4094004057817851822010-09-27T15:18:00.003+01:002010-09-27T15:28:10.194+01:00The Increasing Scourge of Nonsense Legislation1. When I joined the Office of the Parliamentary Counsel about 20 years ago I was taught that legislation ought to achieve something.2. Now, the battle against the use of legislation for mere advertising or government propoganda seems almost lost.3. I wrote about this in the New Law Journal recently, and the text of my article is set out (with their kind permission) below.4. What is the Daniel Greenberghttp://www.blogger.com/profile/12262319561931483221noreply@blogger.com8tag:blogger.com,1999:blog-3223168080233342063.post-11967201526989491432010-09-21T12:53:00.002+01:002010-09-21T13:34:03.776+01:00Cautionary Tales for DraftersHave you made or found a drafting error (as opposed to a policy error!) that you want to tell people about, perhaps so other people can avoid falling into the same trap?Has a provision of yours that you thought was foolproof been misconstrued by a court?Or have you had any other experiences that could be a useful warning to others? Please share them here.Unknownnoreply@blogger.com5