54 research outputs found
Misconceptions on legislative quality: an enlightened approach to the drafting of legislation
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
Emerging trends of legislation in Europe
This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws
Quality of Legislation: Focus on Smart EU and post-Smart Transposition
This article explores legislative quality under the Smart Regulation framework, and critically assesses the further challenges of transposition after Smart. The prism through which the topic is viewed is solely legislative drafting, also ex-pressed in civil law jurisdictions as law-making techniques. The standard by which EU legislation and national transposition measures are to be quality assessed is effectiveness of EU and national legislation defined as their ability to produce the desired regulatory results
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