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Statute Law Review



Volume 27, Number 3, August 2006



Published: Tue, 19 Sep 2006 10:18:12 EST

 



Editorial: 'and of all his other enabling powers...'

Tue, 19 Sep 2006 10:18:12 EST

Volume 27, Number 3, August 2006



How Legislation is Drafted and Enacted in Bangladesh

Tue, 19 Sep 2006 10:18:12 EST

Volume 27, Number 3, August 2006 p.133-149
The creation of laws is the most direct and powerful legislative tool available to governments to fulfill their political mandate. Not surprisingly, the drafting and enactment of legislation in many Commonwealth countries often follow the same general pattern as that established by the United Kingdom. Nevertheless, each country adds a sprinkling of local flavour and custom to its own practices. What follows is an overview of the legislative process in the People’s Republic of Bangladesh, highlighting the various distinct stages involved in the making of laws—such as developing policy, drafting legislation, presenting proposed laws to Parliament, final approval by the president, and publication in the Official Gazette. Comparisons are also made with the Canadian and United Kingdom legislative drafting experience where appropriate.



Clear, Simple, and Precise Legislative Drafting: How Does a European Community Directive Fare?

Tue, 19 Sep 2006 10:18:12 EST

Volume 27, Number 3, August 2006 p.150-175
In 2001, Martin Cutts redrafted Toy-Safety Directive 88/378/EEC in plain language. He criticized the language of that Directive as being archaic legalese. He added that Directives, as a whole, were poorly drafted. The European Commissions Legal Service rejected his criticisms. It stated that it had published the European Commission's plain language guidelines after Directive 88/378/EEC had been drafted. In a previous article in the Statute Law Review, Butt and Castle's plain language guidelines were explicated using examples from Directive 2002/2/EC. In this article, their guidelines are applied to the whole of that Directive to see if its language is "clear, simple, and precise" The criticisms made in the previous article, combined with those made in this article, suggest that the drafters of Directive 2002/2/EC have not yet mastered the skill of writing in "clear, simple, and precise" language.



The Scots Statute

Tue, 19 Sep 2006 10:18:12 EST

Volume 27, Number 3, August 2006 p.185-208
Copyright in Statutes, Regulations, and Judicial Decisions in Common Law Jurisdictions: Public Ownership or Commercial Enterprise?