BASIC DRAFTING PRINCIPLES Flashcards
What are the skills of a good draftsman?
- Advocacy skills
- Research skills
- Communication skills
- Drafting skills
- Interviewing skills
What are the stages of legislative drafting?
- Receiving and Understanding instructions
- Analyzing instructions
- Design the Draft
- Composition stage
- Scrutiny stage
How should analyzing of information be done?
- Existing Laws-it should not amend an existing law
- It should not contravene chapter IV of the constitution
- Practicability
- Special Responsibility Area: It should be legal and in consonance with public policy, and Constitutional
- It should not be retro-active
- It should be within the legislative competence of the enacting body.
- The mischief the legislation has set out to cure
- Penalty for breach
What is design stage in a draft?
This is the outline or the structure of the bill i.e., whether it will be divided in to
Chapters, Parts, Sections, Subsections, Paragraphs, Sub-paragrap and Sub sub-paragraphs
What is the composition stage in a draft?
This involves the preparation of the bill in terms of content.
• Under this stage, the draftsman uses simple and clear English to prepare the bill.
• The drafter will, invariably, rely on some aids to compose the draft.
Use of precedent is recommended
What is Scrutiny Stage?
At this stage however, one should ask an independent eye, preferably a legal practitioner, to have another critical look at the draft, for someone who has been involved as the drafter may not spot drafting and other clerical errors.
What are PRINCIPLES OF LEGISLATIVE DRAFTING (HABITS TO AVOID)?
- Avoid ambiguity
- Avoid verbosity sentences
- Avoid passive language/voice
- Avoid the use of unfamiliar words and phrases
- Avoid inconsistency
- Avoid the use of legal pair.
- Avoid the use of archaic words and expressions
- Avoid latin words
- Use nouns instead of pronouns
How can Legislation be arranged?
- Chapters
- Parts
- Sections & Sub-sections
- Paragraphs, sub-paragraphs and sub sub-paragraphs
How are chapters drafted?
ROMAN NUMERALS & UPPERCASES
CHAPTER I
CHAPTER II
How are parts drafted?
Parts are written in Capital Roman numeral, and in the upper-case.
PART I, PART II
How are sections, sub sections and sub sub sections drafted?
Sections are usually numbered in Arabic numeral without bracket
SECTION 3
Subsections are numbered in Arabic numeral in bracket
3(5)
Draft for PARAGRAPHS, SUB-PARAGRAPHS AND SUB SUB-PARAGRAPHS?
Paragraph-Small letter in bracket.
7 (6) (a)
Sub Paragraph-Arabic number in bracket.
7 (6) (a) (ii)
Sub sub Paragraph-Capital Letter, alphabet and in Bracket.
7 (6) (a) (ii) (A)**
What is Marginal Reference?
Used when a statute contains a reference to another statue.
Also used when a provision has been previously amended
What are the basic divisions or order of arrangement we find in legislation?
a. Preliminary provisions,
b. Principal provisions,
c. Miscellaneous provisions and
d. Final provisions.
What does the preliminary segment comprise of?
- Long Title
- Commencement
- Preamble, (if any)
- Enacting Clause
- Short Title
- Interpretation
- Application