What is Indian legislative drafting?
Legislative drafting can be defined as the drafting of legislation and of any writing which arises out of legislation. Legislation, of course, is the enacted law of the country, the statute law made by the legislature. Member, Law Commission of India, New Delhi.
What is legislative drafting?
Legislative drafting is a critical aspect of law-making in any organized society. Effective legislation is an outcome of a systematic procedure of a legislative body. Specialized knowledge, skills and an understanding of procedural applications are vital to the process of legislative drafting.
What is the nature of legislation?
Legislation means lawmaking. When a law making body which is specifically authorized to do so formulates laws it is known as legislation. It has its own importance as a source of law and can be easily distinguished with other sources of law like precedent and custom.
What is the purpose of legislative drafting?
As discussed at the start of this Part, the goals of a legislative drafter are, first, to create legislation that gives legal effect to government policy and, second, to communicate the law clearly and effectively.
What are the principles of legislative drafting?
Legislative drafting requires abundance of knowledge of the language, its Grammar, the technical requirements of the from of legislation and perform the task in a non-partisan manner and keeping totally away from political controversies.
What are the basic steps in legislative drafting?
Law drafting comprises two stages: policy development, and preparation of the legislative text to give effect to the policy adopted.
What are the five stages of legislative drafting?
(1) Understanding the proposal. (2) Analysing the proposal. (3) Designing the law. (4) Composing and developing the draft.
What are the basic rules of legislative drafting?
What is the nature of legislation enacted by a state legislature?
Statute law or Statutory law is a law that is created by the legislation, for e.g. the State Legislature. A statute is a formal act of the legislature in written form.
What is the difference between legislative drafting and legal drafting?
The essential distinction is that unlike other forms of legal drafting which may be easily altered or changed, legislative drafting is more of a permanent enactment which stands on its own and speaks for itself without any form of assistance, elucidation or explanation from the drafter or draftsman.
Is legislative drafting a form of communication?
Experts on legislative drafting almost take it for granted that drafting is a form of communication. Indeed, the few articles on the topic tend to look at drafting as a form of communication in the context of legal theory and legal philosophy.
Who is responsible for the drafting of legislation?
Legislative drafting is done by the legislative departments of Governments and it is legislation that controls and regulates the conduct of citizens. It is said that drafting legislation is an art, not a science.
How is legislative drafting different from the legislative process?
Legislative drafting is a precursor to legislative process, because legislative process refers to proceedings on an already prepared legislative draft. The outcome of a “legislative draft” is a “BILL” whereas, the outcome of a legislative process, where successfully completed is an “ACT” or “LAW” as the case may be.
How to become a legislative draftsman in Nigeria?
In Nigeria, the offices of legislative draftsmen are found in various government ministries, parastatals and in all legislative institutions. He must be a lawyer, who must have undergone training in law, with a basic knowledge; and must have practised as a lawyer with special interest in drafting.
What are the characteristics of a good legislative draftsman?
Attributes of a Good Legislative Draftsman He must be a lawyer, who must have undergone training in law, with a basic knowledge; and must have practised as a lawyer with special interest in drafting. He must have a good command of English language so as to take concise and accurate instructions.