These give readers a brief introduction to the effect of the Simplified outlines: operative provisions of legislation. are used to give readers a general understanding of Objects provisions: the purpose of legislation, or to set out general aims or principles that help readers to interpret the detailed provisions of legislation. These can be used to explain the purpose, origin or operation of a Notes: provision, or to refer the reader to related provisions or to definitions of terms used in the provision. These can be used to explain the operation of a provision, or to Examples: illustrate the intended effect of a provision. Worked examples may be particularly useful for provisions requiring complex calculations. These are a useful way of organising a large volume of information. Tables: Tables can make it easier to spot the similarities and differences in different cases dealt with in the legislation, and may do so in a way that indicates the conceptual basis for those similarities and differences. Coherent principles drafting The traditional drafting approach involves attempting to deal exhaustively and in detail with every possible case. This approach has a philosophical basis, in that it requires the lawmaker (whether Parliament, or the maker of an instrument) to approve a detailed statement of the intended operation of the law, rather than leaving this detail to be worked out by the nonelected courts. However, this approach can lead to long and complex legislation, and it also risks the creation of loopholes (which, when discovered, tend to be filled with yet more long and complex legislation). A coherent principles approach involves a more general and less detailed expression of the law, often more reliant on references to the purpose of the law rather than to its specific operation. The application of the law to specific cases may need to be determined in the courts. Under coherent principles drafting, the lawmaker’s input consists of statements of general principle, and the courts may play a substantial role in determining the coverage and the operation of the law. In some cases, a limited or even major use of coherent principles drafting may be appropriate or desirable. OPC can advise instructors on the issues that must be considered and the risks that might be involved, and help instructors decide whether coherent principles drafting is suitable for their project. Standardisation of legislation Introduction OPC has put considerable energy into the standardisation of legislation (both in its appearance and content). OPC sees standardisation as having benefits both for users of legislation, and for drafters.
Simplified outlines: These give readers a brief introduction to the effect of the operative provisions of legislation. Objects provisions: are used to give readers a general understanding of the purpose of legislation, or to set out general aims or principles that help readers to interpret the detailed provisions of legislation. Notes: These can be used to explain the purpose, origin or operation of a provision, or to refer the reader to related provisions or to definitions of terms used in the provision. Examples: These can be used to explain the operation of a provision, or to illustrate the intended effect of a provision. Worked examples may be particularly useful for provisions requiring complex calculations. Tables: These are a useful way of organising a large volume of information. Tables can make it easier to spot the similarities and differences in different cases dealt with in the legislation, and may do so in a way that indicates the conceptual basis for those similarities and differences. Coherent principles drafting The traditional drafting approach involves attempting to deal exhaustively and in detail with every possible case. This approach has a philosophical basis, in that it requires the lawmaker (whether Parliament, or the maker of an instrument) to approve a detailed statement of the intended operation of the law, rather than leaving this detail to be worked out by the nonelected courts. However, this approach can lead to long and complex legislation, and it also risks the creation of loopholes (which, when discovered, tend to be filled with yet more long and complex legislation). A coherent principles approach involves a more general and less detailed expression of the law, often more reliant on references to the purpose of the law rather than to its specific operation. The application of the law to specific cases may need to be determined in the courts. Under coherent principles drafting, the lawmaker’s input consists of statements of general principle, and the courts may play a substantial role in determining the coverage and the operation of the law. In some cases, a limited or even major use of coherent principles drafting may be appropriate or desirable. OPC can advise instructors on the issues that must be considered and the risks that might be involved, and help instructors decide whether coherent principles drafting is suitable for their project. Standardisation of legislation Introduction OPC has put considerable energy into the standardisation of legislation (both in its appearance and content). OPC sees standardisation as having benefits both for users of legislation, and for drafters.
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