Xanthaki, H;
(2018)
Misconceptions on legislative quality: an enlightened approach to the drafting of legislation.
In: Oliver Lalana, D, (ed.)
Conceptions and Misconceptions of Legislation.
(pp. 23-49).
Springer: USA.
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Abstract
The chapter summarises traditional teachings in legislative drafting, and identifies five misconceptions. Misconception 1: drafting conventions always lead to quality. But the phronetic nature of drafting prevents nomoteleia of drafting conventions. Misconception 2: Legislative quality rests in a vacuum. But the interconnectivity between policy, law, and legislative expression render their interdependence profound and critical. Misconception 3: legislative quality is undefinable. But effectiveness is a prominent definition of legislative quality. Misconception 4: effectiveness always leads to legislative quality. But legislation suffers from inherent limits: its interconnection and reliance to regulation, the limits of legislation as written communication, and the intrinsic aversion of users to legislative texts. Misconception 5: in view of the unsurpassable limits of legislative texts, legislative quality should not be pursued further. But there is hope ahead, such as the layered structure of legislative texts, the use of image in legislative texts, and the restructuring of the statute book as a whole.
| Type: | Book chapter |
|---|---|
| Title: | Misconceptions on legislative quality: an enlightened approach to the drafting of legislation |
| ISBN: | 978-3-030-12068-9 |
| ISBN-13: | 978-3-030-12067-2 |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1007/978-3-030-12068-9 |
| Publisher version: | https://doi.org/10.1007/978-3-030-12068-9 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/10048912 |
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