About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 Eur. J.L. Reform 167 (2007)
A Critical Look at Achieving Quality in Legislation

handle is hein.journals/ejlr9 and id is 175 raw text is: A Critical Look at Achieving Quality in Legislation Vareen Vanterpool* A. Introduction It is clear that we now live and function within the 'age of statutes',' given the steady rise in importance of statute law over the common law, and the reality that statute law is the primary source of law in our modem societies.2 In focus, statutory rules, through legislative acts and regulations, control every aspect of our lives. For governments, legislation is of critical importance in the management of a country's political, economic, social, legal and administrative affairs, and it is the primary tool by which governments accomplish its political objectives. On the whole, the business of governing is carried out by virtue of statutory powers granted to ministers and other public authorities, and by establishing statutory relationships between the state, citizens, and private organisations.4 In this environment therefore, there can be no avoidance of statute law given its unavoidable intrusion in the lives of all members of society. Of greater concern, however, is that despite the importance of statute law in our everyday lives, legislation by its nature is often found not to be as easily communicated to persons as other forms of writing.5 The unintelligibility of MA, Advanced Legislative Studies, 2005-2006, School of Advanced Study, Institute of Advanced Legal Studies, University of London. Senior Crown Counsel, Government of the British Virgin Islands. G. Calabresi, A Common Law for the Age of Statutes 2 (1982). 2 R. Martineau & M. Salerno, Legal, Legislative and Rule Drafting in Plain English 4 (2005). 3 According to Crabbe, no matter what a person's aversion to the law may be, a modern state has to legislate in order to accomplish certain political objectives and certain particular public policies. Legislation is necessary to interfere with vested rights and interests. Also, the purse strings of governments are dependent of legislation to impose taxes, duties, or excise and imports: V. R. A. C. Crabbe, Legislative Drafting 1 (1993). 4 D. Miers & A. Page, Legislation 211 (1982). 5 According to Sir Christopher Jenkins, First Parliamentary Counsel, UK, in a submission The Legislative Process, in Report of the House of Commons Select Committee on the Modernisation of the House of Commons, First Report, Session 1997/98, 23 July 1997, (Cmnd. 190). A Bill's sole reason for existence is to change the law ... A consequence of this unique function is that a Bill cannot set about communicating with the reader in the same way in which other forms of writing do. It cannot use the same range of tools. In particular, it cannot repeat the important points simply to emphasise their importance or safely explain itself by restating a proposition in different words. To do so would risk creating doubts and ambiguities that would fuel litigation. As a result, legislation speaks in a monotone and its language is compressed. It is less European Journal of Law Reform, Vol. 9, no. 2, pp 167-204. 0 Eleven International Publishing 2007.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most