CHAPTER X
Certain Drafting Rules

Certain drafting rules have been established in the legislative drafting practice in a number of countries,1 which might prove to be of help in any law-making exercise. These rules concern the composition and review of the draft legislative text, its legal content, style and language.

Composition and review

After all necessary pre-drafting arrangements have been carried out, the process of drafting the text of the proposed enactment begins. This involves a process of composition and review of the successive versions of the text whereby the intent behind the proposed enactment is given effect in legislative language that ensures its understanding by those to whom it applies and enables the labour inspectorate and the courts to enforce it.

Composition

The composition stage of legislative drafting addresses both substantive and formal concerns.

*     
The drafting of the proposed enactment should begin with its substantive provisions, which should be:

*     
The substantive provisions of the text of the proposed enactment should be consistent with each other.

*     
The preliminary, supplementary and final provisions should be introduced into the draft only after the substantive provisions are completed, unless they are necessary for the substantive provisions (for example, definitions can be developed in parallel to drafting the substantive provisions).

*     
When each version of the text of the proposed enactment is completed to the satisfaction of the drafter, it should be discussed with the sponsor(s).

*     
The design of the proposed enactment should be periodically checked against the materials introduced.

Review

When the process of composition is completed and the body of the proposed enactment takes final shape, the draft needs to be reviewed with regard to the following issues at least:

*      Whether the intent has been fully realized
*      Whether it complies with relevant constitutional requirements and international obligations
*      Whether it is well adapted to the existing legal system
*      Whether its provisions are harmoniously positioned in the text
*      Whether the language and form of the enactment are easily comprehensible to those to whom the enactment is addressed

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Rules affecting the legal contents of an enactment

Two basic types of rules affect the legal contents of any newly developed enactment, namely constitutional rules and international obligations.

Constitutionality

In any legal system legislative provisions which are inconsistent with the Constitution are invalid. It is therefore necessary to ensure that the provisions included in a proposed enactment are in accordance with the Constitution, from both the substantive and procedural points of view.

From the substantive point of view, constitutional provisions might impose certain limits on the subject-matter of the proposed enactment and its contents. In this regard, the following questions need examination:

*      Does the Constitution limit what can be included in the proposed enactment?

*      In some instances, e.g. in delegating legislative powers to issue subordinate legislation2 (regulations, rules, orders, etc.) or, in the case of a federal state, in distributing such powers between federal and lower law-making levels, constitutional provisions may define matters which may not be delegated or which fall to the federation and lower legislatures. It is important to examine whether or not a particular drafting exercise is in compliance within these rules.

*      How can the proposed enactment deal with its subject-matter?

*      The Constitution may set forth substantive rules, such as basic rights, relating to the subject dealt with in the proposed legislation, in which case the draft text must comply with these rules3

The procedural aspect of constitutionality implies answering the following question:

*      What is the constitutional legal framework for making the proposed enactment?

*      In some instances, constitutional provisions establish a legal framework governing labour and other legislation, such as, for example, requiring bilingual (or multilingual) enactments. These rules have to be respected.

International obligations

According to Article 19(d) of the ILO Constitution, any Member that ratifies an ILO Convention must "take such action as may be necessary to make effective the provisions of such Convention". More generally, under international law, States which ratify an international treaty must take the appropriate measures to implement the treaty, in accordance with its terms. When domestic legislation is not in conformity with the provisions of a ratified Convention, a Member has either to amend its existing laws or to adopt new laws on the subject, unless the treaty may be considered under national law to be self-executing, meaning that it may be applied domestically without further legislative intervention. Many ILO Conventions cannot be considered to be self-executing, since their terms require positive legislative action.

With respect to international obligations that are not self executing, there are two approaches to implementing such obligations in domestic law, which may be called the "direct" and "indirect" approaches and which are not strictly alternative and can supplement each other. 4 Therefore:

*    
To implement an international obligation directly means giving it the force of domestic law

*      This approach involves the implementation of the provisions of a ratified Convention by declaring it to have the force of law within the State. In this case, the ratified text is "transplanted" into the domestic jurisdiction unaltered. This approach becomes possible when the text of an international Convention can be applied as such within the legal system and does not require further action to ensure it is implemented. It may ensure a greater uniformity of application by the States who ratify a Convention. However, this approach is restricted to situations where the "transplanted" text can survive unchanged in the domestic jurisdiction without involving any uncertainty or confusion. In countries in which such treaties are under constitutional law automatically self-executing, no further action need be taken legislatively. However, in others legislative intervention may be required. Depending on the circumstances, this can be done in the following ways:
*      The text of the international Convention may be set out in a schedule to the proposed enactment
*      This technique can be of help in situations where it is found inappropriate to reproduce the wording of the Convention in the body of the proposed enactment. If only part of a ratified Convention is to be given the force of law, the scheduled text may contain only this part. However, it is advisable that the relevant provisions of the proposed enactment refer to the Convention set out in the schedule.

*      The proposed enactment may refer directly to the Convention

*      This may be appropriate where it is not established practice to append schedules to legislation.
*      However, to give full effect to the Convention, it may nevertheless be necessary, in addition to the above action, to include supplementary procedural or penalty provisions, or both, in domestic law
*     To implement an international obligation indirectly means incorporating its substance into the proposed enactment
*      If the text of the Convention cannot be implemented unchanged in the domestic legal system without resulting in uncertainty or confusion, the indirect approach should be applied. According to this approach, the substance of the Convention, and not its text, should be implemented in the proposed enactment. Proper implementation of many ILO Conventions require this approach. This may be done as follows:
*      Substantive provisions of the proposed enactment should be drafted in conformity with the international obligation
Where appropriate, reference to the Convention concerned could be included in the provision or its text reproduced in a schedule to the law, for reference purposes, particularly in case of the need for interpretation.

*      The indirect technique is usually preferable because it better brings the substance of the international obligation to the knowledge of those to whom it applies.

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Rules determining style and language of an enactment

Basic style requirements

Drafting style is of paramount importance in transforming the legislative intent behind the proposed enactment into a clear, precise, consistent and coherent set of rules to be understood and applied by those to whom it is addressed. It permits translating the substance of the proposed enactment into adequate legal language. The right choice of words, expressions and sentence structure is a challenge confronting the drafters from the beginning.

A number of basic principles have been developed in legislative drafting practice to facilitate clear drafting. Although none of these principles should automatically be applied to a the drafting of a particular enactment, they represent a set of recommendations to which any drafter should have regard, although particular circumstances may require departing from them. Some of these recommendations, especially those which are relevant to the drafting of labour legislation, are spelled out below:

*     Write clearly

*     
Draft simply and concisely
*      Any enactment should be drafted in a way that is easily understandable and can be properly implemented by those whom it will concern. This requires simplicity and conciseness, to the extent that the substance of what needs to be regulated permits it.

Attention:

Clarity should not be sacrificed for the sake of simplicity, brevity and conciseness. Drafting too simply and briefly may lead to ambiguity and misinterpretation.


*     
Avoid, where possible, the use of legalistic language

* In many countries, the legal profession has developed over the years a number of expressions of its own, sometimes referred to as "legalese"5. These expressions are often used in legislative drafting, although there is a recent trend in a number of countries to replace them by a "plain language" style. The use of traditional terms in legal drafting may be understandable to those with the requisite legal training, but not to the general public and, in the case of labour law, to ordinary employers, workers and their representatives, who are called upon to apply it. The use of plain, readily understandable language is particularly important in labour legislation.

Attention:

Departure from standard terminology should be cleared with the attorney general's office to ensure that it does not have unintended legal consequences.

Example:

"afford arrow pointing right give
any , every , each arrow pointing right a, an
as provided in arrow pointing right as provided by
authorized to arrow pointing right may
commence arrow pointing right begin, start
deem arrow pointing right consider
fix arrow pointing right establish, set
foregoing arrow pointing right excluding
forthwith arrow pointing right immediately
herein(after) arrow pointing right in this Act, section, etc.
in lieu of arrow pointing right

in place of
instead of

in order to arrow pointing right to
notwithstanding arrow pointing right although
as an exception
despite
null and void arrow pointing right void
prior to arrow pointing right before
pursuant to arrow pointing right under
save arrow pointing right except
under the provisions of arrow pointing right under
upon arrow pointing right on
where (descriptive circumstances) arrow pointing right if"

*     
Do not replace words and terms which have precise and widely accepted legal meanings

*      Drafting in non-legalistic language does not however mean that the formal aspect of law should be neglected. The choice of terms used must precisely translate the legal intent.. Clearly understandable legal terms should not be replaced by other terms more widely used by the general public, if they have a less precise legal meaning.

Example:

tell arrow pointing right notify
get arrow pointing right receive

*      Write legal sentences as simply as possible

*      In order for the proposed enactment to be better understood by those whom it will concern, it is generally accepted that each provision should express a single rule consisting of an obligatory, permitted or prohibited action; a subject (physical or legal persons), who is obliged or authorized to act or prohibited from acting or who is given an entitlement to act or to a benefit. Normally a legislative sentence begins with the identification of the subject followed by the required, authorized or prohibited action or to the entitlement. It may also contain cases, conditions and exceptions.

Example:

"Section xx. An employer [subject] may dismiss [action] an employee without giving the notice required under section [rule], if the employee is guilty of serious misconduct of such a nature that it would be unreasonable to require the employer to continue the employment relationship during the notice period [case], provided that the procedure prescribed by section yy has been followed..[condition]."

"Section yy. An employer [subject] shall not dismiss [prohibited action] an employee for misconduct or unsatisfactory performance [rule], unless the employer has followed an appropriate disciplinary procedure , including the provision to the employee of the opportunity to answer the charges made [first condition] and, except in cases of dismissal without notice for serious misconduct under section xx [exception to the second condition], the giving of one or more warnings as appropriate in the circumstances [second condition] .

"Every employee[subject] shall be entitled to at least three working weeks as annual leave with full pay for every 12 months of continuous employment[entitlement to an action and a benefit][rule]."

Attention:

When the rule is affirmative the condition should be introduced with "if" or "until". When the rule is negative the condition should be introduced with "unless".
*      Place exceptions either before or after the rule or the condition to which they apply
*     
If the meaning of a complicated sentence can be clearly stated in two or more simple sentences or paragraphs, use the simple sentences or paragraphs

*      Paragraphs are used in legislative drafting to present complicated sentences in a structured and "user-friendly" way. However, they should be used reasonably and with restraint and care.

*     Write in the present tense

*      In legislative drafting the present tense is normally used because the temporal point of reference is the time at which an enactment is applied, not when it is written and not when it takes effect.

Example:

"The duties of the board will include..."

Attention:

To include in a provision past as well as future events, use the appropriate tense but insert before the appropriate verb the phrase "before (or after) this (Title, Part, section, provision, etc.) takes effect.

Other tenses are considered appropriate only when they are really necessary. Therefore:

*     
The past tense may be used to refer to the fact(s) precedent to the operation of the proposed enactment

Example:

"Any worker who is or has been a member of the board shall..."

*     
Use the future tense only when it is necessary to refer to something that happens in the future because of a preceding action(s)

Example:

"If the employee finds that the continuation of this work will seriously endanger his or her health, the employee is entitled to..."

*      Use the word "shall" only to denote a duty

Example:

"An employer shall take all necessary measures to ensure that..."

*     
Use the word "may" to denote a privilege or discretionary power

Example:

"An employer may dismiss a worker in case of..."

*     
Use the words "is entitled to" to denote a right, as opposed to discretionary power

Example:

"An employee is entitled to the following benefits:.."

*     
Use the words "may not" to denote a prohibition

Example:

"An employer may not dismiss a worker in case of..."

*     
Use the word "must" to denote a condition precedent

Example:

"To be eligible for appointment, a person must be at least 18 years old."

*
Avoid using words such as "current" or "existing", unless a temporal reference is necessary

Example:

"The existing obligation existing on December 31, 1999 (or on the effective date of...)"

*     
Prefer the active voice to the passive

*      In order to name the subject to whom a legislative provision gives a power or a duty, the active voice has traditionally been applied in legislative drafting. A provision spelled out in passive voice either omits this subject or does not indicate it clearly. However, the use of the passive voice should not be excluded when, for example, the subject to whom a legislative provision gives a power or a duty is unknown or unimportant.

Example:

"In case of termination of The employer who intends to terminate a contract of employment, must give notice must be given ..."

*      Prefer the positive to the negative

*      When a legislative provision can be drafted either way, i.e. using the positive or the negative, prefer the positive because it is usually more direct, straightforward and therefore easier to understand. However, the negative should be used whenever the intent behind a legislative provision requires it, for example in prohibitions.

Attention:

Avoid double and multiple negatives

*      Prefer the singular to the plural

*      The use of plurals may lead to inconsistency and ambiguity in application of the proposed enactment. Therefore, if either the singular or the plural can be used to express an idea, use the singular.

*      Prefer verbs to their related nouns

*      Many verbs have their related nouns (consult-consultation, decide-decision, complain-complaint, etc.). In legislative drafting the preference is generally given to the verbs because use of the nouns is often too formal, less direct and sometimes unclear.

*      Be careful in splitting verb forms

*      Splitting verb forms is quite frequent in legislative drafting. However, it should be done with a significant amount of care in order to ensure that a draft provision does not become more difficult to understand.

Example:

"The employer must, within two weeks of being asked by the employee to do so, give reasons for termination of employment arrow pointing right The employer must give reasons for termination of employment within two weeks of being asked by the employee to do so

*      Avoid "noun sandwiches"

Example:

"Retrenched workers deployment programme arrow pointing right Programme for the deployment of retrenched workers"

*      Be careful in using indefinite pronouns as references

Attention:

If a pronoun in a sentence could refer to more than one person, repeat the identity of the person being refered to.

Example:

"After the chairman appoints an arbitrator, he or she shall administer the proceedings arrow pointing right After the chairman appoints an arbitrator, the arbitrator shall administer the proceedings"

*      Use modifying words and phrases so that there is no doubt about what they modify

*      A modifier is a word or phrase that qualifies another word or phrase. Misplaced modifiers cause ambiguity. Therefore, careful consideration of what exactly is being limited by a modifier decreases the chances that a sentence (or phrase) will be misconstrued. Therefore:

*      Place a modifier as near as possible to the word it modifies, particularly when it may be construed as modifying another word in a sentence or phrase not intended to be modified.

Example:

"The chairman of the tribunal only may authorise payment of indemnities."
Or
"The chairman of the tribunal may only authorise payment of indemnities."
Or
"Only the chairman of the tribunal may authorise payment of indemnities."

*      Use the pronoun "that" to qualify or limit the word it modifies and distinguishes from others of the same class

Example:

"This Act does not apply to an enterprise that has less than three employees."

*      Use the pronoun "which" to make a parenthetical descriptive statement about the word it modifies

Example:

"This procedure, which is provided for in Section 9 of the Dispute Resolution Act 1998, requires that..."

*     Write precisely

Attention:

However clarity should not be sacrificed for precision. Draftin too precisely may create unintended loopholes in regulation.

*      Choose the words or phrases that express the intended meaning as precisely as possible

*      The right choice of words or phrases in legislative drafting is essential to enable the intent behind each provision to be precisely expressed and understood and therefore properly applied. Depending on the circumstances and what is sought to be regulated, the provision may be expressed in general terms - setting forth a principle to be applied or a range of cases with basic common characteristics but varying manifestations to which a principle is to apply - or in detail where it is necessary and possible to do so. "The reality is that there is a place for statements of principle and a place for detail and the context will generally stipulate the balance".6

Example:

Examples of provisions expressing general principles and using general concepts:

"(1)An employer shall not dismiss an employee employed under a contract of employment for an unspecified period of time unless the dismissal is justifiable.

(2) A dismissal shall not be deemed to be justifiable under subsection (1) unless:

  • the grounds for dismissal relate to the conduct, capacity or performance of the employee or to the operational requirements of the employer's activity; and
  • the grounds for the dismissal are sufficient to justify dismissal rather than another action".

"The employer must take reasonable care to ensure the health and safety of the employees."

Examples of detailed provisions:

"Every employee has the right to

(a) take part in the formation of a trade union;

(b) be a member of a trade union;

(c) take part in the lawful activities of a trade union of which the employee is a member ;

(d) seek and hold office in a trade union of which the employee is a member;

(e) exercise any right conferred or recognized by this Act and assist any employee, shop steward, safety representative, or trade union to exercise such rights."

*      Avoid using "and/or"

*      If the items are to be taken together, they should be joined by the conjunction "and". If they are to be taken in the alternative, "or" is to be used. If the items are to be taken both together and in the alternative, instead of "and/or" use "or" between them and "or both" afterwards.

Example:

"The subcontracting enterprise or the user enterprise or both shall be liable " [or, in this case: "The subcontracting enterprise and the user enterprise shall be jointly and severally liable."]

*    
Write consistently

*      In legislative drafting the presumption exists that the word or phrase has the same meaning throughout the text, unless a contrary intent is clear. To draft consistently means trying to avoid unnecessary variations in sentence form and to use the same words for the expression of identical ideas. Therefore:

*      Avoid using the same word or phrase to convey different meanings

*      Avoid using different words or phrases to convey the same meaning

*      Avoid using a synonym or synonymous expressions to indicate a difference in substance.

Attention:

Use the terminology in the existing legislation on the subject unless it is advisable to change it to better communicate the intent to those to whom the legislation applies. In this event, it may be necessary to revise the terminology in the existing legislation to avoid legal confusion.

*      Provisions similar in substance should be similarly structured so that parallel ideas look parallel

Gender-neutral language

Drafting in gender-neutral language means avoiding the use of gender specific terms. However, if the substance of a draft text or provision applies to one sex only, words that identify that sex should be used. Eliminating gender from the text of the proposed enactment must not change its meaning. If there is no gender-neutral equivalent, the original may be retained.

There are different ways of drafting in gender-neutral language; some are set out below. The choice among them should be made within the particular context of each draft text:

*     Replace gender specific nouns and adjectives with neutral terms

Example:

craftsman arrow pointing right skilled worker; artisan
foreman arrow pointing right supervisor
manpower arrow pointing right work force; personnel
workman arrow pointing right worker

*     
Replace the suffix "man" with "person", if the context allows

Example:

tradesman

is not equal totradesperson
tradesman arrow pointing right merchant

*      Express family relationships without reference to gender, unless it is necessary to distinguish gender

Example:

husband, wife arrow pointing right spouse
widow, widower arrow pointing right surviving spouse
mother, father arrow pointing right parent
son, daughter arrow pointing right child
sister, brother arrow pointing right sibling

*     Avoid gender-specific pronouns such as "he," to refer to "he or she" or" his" to refer to "his or her"; avoid to the extent possible use of gender specific pronouns.

*     
Repeat the noun

Example:

"The employer, upon written request from an employee, shall provide the employee or an authorized representative with an opportunity to review his the employee's personnel file..."

*      Use "he or she" or "his or her"

Example:

"If an employee who has participated in a strike in conformity with this Act returns to work not more than two working days after the end of the strike, the employer shall reinstate the employee in the employment which he or she held immediately prior to the strike""

*      Omit a gender-specific pronoun

Example:

"On reaching the age of 65, a worker must..."

*      Replaced a gender-specific pronoun with "a", "an" or "the"

Example:

"When an employee is absent with leave and when it is necessary to provide for the performance of the duties of his the position during his the absence..."

*      Change a nominal to a verbal expression

Example:

"Any employee who has in his possession possesses..."

*      Use the plural of the noun and "they" instead of the singular and "he or she"

Example:

"This chapter does not apply to a duly licensed entrepreneur entrepreneurs unless they practice..."

*      Replace "If xxx..." followed by "he or she" with "Xxx who", "which" or "that"

Example:

"If an An applicant who has been licensed in another state he shall submit verification of licensure and the required fee."

*      Change "if" or "when" to "on" or "upon"

Example:

"If the inspector finds Upon finding that the fine can be reduced, he the inspector may order it reduced."

*      Omit or replace reflexive pronouns such as "himself" or "herself" when redundant

Example:

"A worker is considered to seek nomination or election if that worker has taken the action necessary under this chapter to qualify himself for nomination."

*      Recast the sentence using a participle

Example:

"A person must give 7 days' notice before he lodges lodging an appeal."

*      Recast the sentence using a relative clause

Example:

"If a A worker who has lodged a complaint, he may..."

Bilingual (multilingual) drafting

In countries with a significant linguistic diversity, the problem of legislative drafting in two (or more) official languages may arise. Bilingual (multilingual) drafting can be done in different ways. The simplest is to draft the proposed enactment in one language and then translate it into the other language or languages. Alternatively, the enactment may be drafted in the different language versions at the same time in close cooperation and on the basis of equality. Combinations of these methods may be used. The choice depends on the particular circumstances in which each drafting arrangement is carried out.

* In Canada, the Constitution Act, 1867 envisages that either English or French may be used in the debates in the Parliament of Canada and in the Legislature of Quebec whose acts shall be printed and published in both languages (Section 133). The Canadian Charter of Rights and Freedoms, 1982 recognize s English and French as the official languages of Canada, gives them equal status, rights and privileges in all legislative, governmental and judicial bodies and proceedings, and allows any member of the public to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or Government of Canada in English or French (Sections 16-20). According to the Official Languages Act, 1985, "all acts of Parliament shall be enacted, printed and published in both official languages" (Section 6) and "any instrument made in the execution of a legislative power conferred by or under an Act of Parliament...shall be made..., printed and published in both official languages..." (Section 7). Therefore, co-drafting in the two official languages has become an essential element of drafting federal Bills in Canada.

The objective of co-drafting is to produce two original authentic versions of a Bill through the close and constant cooperation of the two drafters, each responsible for one language version. In exceptional cases, several teams of drafters may be assigned to draft lengthy Bills. Neither version is a translation of the other and neither of them is unchangeable. The two drafters often prompt each other to change or improve their versions. In co-drafting, one of the drafters assumes the lead and coordinates the various drafting stages. In general, the version prepared by the lead drafter is commented on by the second drafter. After receiving comments, the lead drafter often makes necessary changes and returns this version to the second drafter who prepares the other version on the basis of all information available and the instructions received. Both versions are reviewed by jurilinguists* and legislative editors, who make suggestions for improving grammar, syntax, style, arrangement and coherence (A Guide to Making of Federal Acts and Regulations. Department of Justice, Canada)

*Jurilinguists are linguistic specialists in the French language who keep up to date with the evolution of French, both generally and in the field of law, and ensure that French versions of Bills are true to that language and that English and French versions convey the same meaning. However, their recommendations are not binding on the drafters.

* In Belgium, a federal State with four linguistic regions, federal legislation is to be voted, sanctioned, promulgated and published in both French and Flemish. According to the Law of 31 May 1961, as modified by the Law of 8 November 1995, concerning the use of languages for legislative matters, the presentation, publication and entry into force of legal and regulatory texts: when a Bill is submitted to Parliament by the Government, it is to be submitted in the two languages; when the Bill is the result of a Parliamentary initiative, it may be presented in the original language and then translated into the other language. Both versions of a law have the same validity and are official texts. As legal texts should be concise and exact, regulatory texts may contain official legal Flemish and French terminology which must be respected. A bilingual guide to legislative drafting has been issued by the Office of the Prime Minister.

In practice, Bills drafted in the Ministry of Employment and Labour are drafted by lawyers in the Legal department of the Ministry. The lawyer competent in the technical matter concerned drafts the text in his or her mother tongue (Flemish or French) in close collaboration with a lawyer of the Ministry mastering the other language. The two texts are written simultaneously to ensure consistency and coherence. Often the first draft will be rewritten in part to allow proper translation in the other language. As a result of this process of simultaneous drafting, sentences tend to become simpler and shorter.

The rules formulated below are a summary of the practice of bilingual (multilingual) drafting:

*    
All language versions of the draft text must be identical in substance

*    
Each version of the draft text must be in correct and idiomatic language

*    
The structure of the draft text must be the same in each language version as regards Parts, Chapters and Sections; paragraphs and subparagraphs need not be parallel if the language requires a different presentation

*    
Do not forcibly adjust one version to fit the particularities of another language

*    
The overriding need for identity of substantive meaning in all languages may require certain linguistic comprises, therefore:

*      The same syntax is not always necessary

Example:

"No employee is entitled to be paidfor a general holiday on which heor she does not work, when he orshe is not entitled to wages for the lastthirty days.

Aucun salaire n’est dû à l’employéqui ne travaille pasun jour férié et qui n’avais paseu droit à un salaire pendant les trente derniers jours."

*     
One version of a draft provision may contain a different number of sentences than the other

Example:

"This Part and all regulations madeunder this Part apply notwithstandingany other law or any custom, contractor arrangement, but nothing in this Part.

La présente Partie et tous ses réglements d’applications s’appliquent nonobstant toute autre loi ou quelque coutume, contrat ou accord. Cependant, rien dans la présente Partie."

*     
A definition present in one language version need not necessarily be reproduced in another if it is not needed


1. See, for example, mainly for English language countries, Crabbe V.: Legisltive Drafting (Cavendish Publishing Limited, 1993, Reprint 1998), Sir William Dale: Legislative Drafting: A New Approach (London, Butterworths, 1977), Dickerson R.: The Fundamentals of Legal Drafting (Toronto. Little, Brown and Company, 1986), Dick Robert C.: Legal Drafting in Plain Language (Carswell. Thomson Professional Publishing, 3rd edition, 1995); Mowat C.: A Plain Language Handbook for Legal Writers (Carwell, Toronto, 1998), Thornton G.C. Legislative Drafting (Butterworths. London-Dublin-Edinburgh, 4th edition, 1996). The last, by G. C. Thornton, has been particularly relied upon in this Chapter and in Chapter XI.

Various practical drafting Manuals and Guide may also be of use, such as Guide to Drafting Legislative Documents prepared by R. C. Edwards, Executive Director of the Legislative Reference Bureau of the State of Illinois Legislators (USA): http://www.legisl.state.il.us/commission/lrb/lbrguide/; Maine Legislative Drafting Manual prepared by the Office of the Revisor of Statutes of the State of Maine Legislature; Guide to the Making of Federal Acts and Regulations prepared by the Legislative Service Branch of the Department of Justice of Canada: http://canada.justice.gc.ca/Presentation/index_en.html; Style and Procedural Manual of the Department of Justice of Nova Scotia (Canada): http://www.gov.ns.ca/just/publish...stry/sryleman/; Improving the quality of Laws and Regulations: Economic, Legal and Managerial Technique (OCDE/GD(94)59). Organization for Economic Co-operation and Development. Paris; Law Drafting and Regulatory Management in Central and Eastern Countries. SIGMA Paper: No. 18 (OCDE/CD(97)176. Organization for Economic Co-operation and Development. Paris; Interinstitutional agreement of 22 December 1998 on common Guidelines for the quality of drafting Community legislation. Official Journal of the European Communities. C 73. Volume 42. 17 March 1999.

2. On subordinate legislation, see Chapter XI.

3. For more details see pp. 271-273 above.

4. For more detail see, for example: G.C. Thornton, op. cit., pp. 308-314.

5. Such legalisms and lawyerisms are defined by A Dictionary of Modern Legal Usage by Bryan A. Garner as "circumlocutions, formal words, and archaisms that are characteristic of lawyers’ speech and writing, esp. in drafting" (Oxford University Press. 1987, pp. 334-335).

6. G. C. Thornton, op. cit., p. 51.

Updated by MB. Approved by AB. Last Updated 10 December 2001.