Helen Xanthaki

Gebundenes Buch

Drafting Legislation

Art and Technology of Rules for Regulation

Beschreibung

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

Autor

Professor Helen Xanthaki is Professor of Law at UCL; Director of the International Postgraduate Laws Programme of the University of London; and Senior Research Fellow at the IALS, University of London. She is a leading expert in legislation, law-making and legislative quality. She was the first and only Professor of Legislative Drafting in the UK, and served for 18 years at the Sir William Dale Centre for Legislative Studies (most of them as the Director). She have published extensively in the field of legislation and legislative drafting, most recently as the author of two books in the field: Helen Xanthaki, Drafting Legislation: Art and Technology of Rules for Regulation (2014, Hart Publishers, Oxford)[1]; and Helen Xanthaki, Thornton's Legislative Drafting 5th Edition, (2013, Bloomsbury, London). She has edited two collections: Helen Xanthaki, (ed) Enhancing Legislative Drafting in the Commonwealth: A Wealth of Innovation (2014, Routledge, London); and the forthcoming Ulrich Karpen and Helen Xanthaki (eds), Legislation in Europe: A Handbook for Scholars and Practitioners, forthcoming Hart Publishers, Oxford). She has contributed to most journals in the field, including the Theory and Practice of Legislation, Statute Law Review, Hukim Journal on Legislation, European Journal of Law Reform, The Korean Legal Research Institute Journal of Legislation and Evaluation, Studi parlamentari e di politica costituzionale. She has offered evidence to the House of Lords, the House of Commons, the European Commission, the European Parliament (Legal Affiars Committee). She has served as a consultant to the European Commission, the European Parliament, governments, the World Bank and many other national, regional, and international fora. [1] Reviewed in Public Law, Legal Studies, The Loophole, the Statute Law Review, Theory and Practice of Legislation, European Journal of Law Reform, Rassegna Parlamentare, Zeitschift fur Gesetzgeburg.

Produktdetails

• Verlag: Bloomsbury 3PL
• Seitenzahl: 402
• Erscheinungstermin: 16. Oktober 2014
• Englisch
• Abmessung: 240mm x 161mm x 26mm
• Gewicht: 766g
• ISBN-13: 9781849464284
• ISBN-10: 1849464286
• Artikelnr.: 41099397