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Legislative Drafting for Democratic Social Change - Ann Seidman

Legislative Drafting for Democratic Social Change

Hardcover

Published: December 2000
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Good governance, that is, effective government based on non-arbitrary decision-making, is central to a country's successful development or transition to a market-oriented economy. This Manual aims to equip legislative drafters with the conceptual tools and specific techniques they need to draft laws likely to bring about the institutional transformation necessary for good governance.Designed as a practical aid for practitioners in the developing and transitional worlds, this unique work demonstrates how, within constitutional and other limits, a drafter should structure a bill, provides instruction in drafting amendments and subordinate legislation, and describes the skills required to write the clear, unambiguous and readily-interpreted provisions required to achieve a bill's policy objectives. It provides a model for a research report that, based on facts and logic, will justify the bill's detailed provisions and demonstrate that the responsible agency will implement them effectively.The final section focuses on drafting laws to facilitate government decision-making in accordance with the rule of law. In particular, it suggests devices for drafting defensively against corruption, thus providing the legislative environment essential for successful transition and development.

Preface
Legislative Drafting, Good Governance and the Development Process
Law and Social Changep. 5
The Legislative Drafters' Role in Drafting Transformatory Lawsp. 21
Prioritizing Drafting Proposalsp. 51
Justifying a Draft Bill: The Research Report
Writing a Research Report: Operationalizing Legislative Theory and Methodologyp. 85
Writing a Research Report: Ensuring Effective, Non-Arbitrary Implementationp. 125
Capturing the Evidencep. 167
Form of a Research Reportp. 187
Techniques for Drafting the Bill
The Architecture of a Billp. 207
Writing a Legislative Sentence: The Who and the Whatp. 231
Writing a Legislative Sentence: Ensuring Clarity and Avoiding Ambiguityp. 255
Drafting Within the Constitution and Other Limitsp. 279
Internal Aids to Interpretationp. 303
Formal Matters: Placing the Statutes in the Corpus of the Lawp. 319
Drafting for Good Governance
Drafting for the Rule of Law and Defensively Against Corruptionp. 343
Possible Formulations for Exercisesp. 377
Indexp. 403
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041197931
ISBN-10: 9041197931
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 440
Published: December 2000
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 2.54
Weight (kg): 0.79