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 goal is served 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.
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Art and Technology of Rules for Regulation
Produktdetaljer
ISBN
9781782255086
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter