Year: 2024
Type: article
Abstract: In this article, a career drafter of United States Federal legislation expresses his views on the prospects for standardising legislative drafting techniques worldwide. Specifically, the article--• briefly traces the evolution of United States Federal legislative drafting, with an emphasis on the pragmatic, problem-solving character of the drafting, devoid of academic theory; • sets forth a 5-step framework for understanding current Federal legislative drafters practice, which may serve as a checklist for converting a legislative proposal into actual draft legislation; • critiques, using the 5-step American approach, particular examples of legislation fromCommonwealth countries and the United States to recommend areas where drafting may be standardised worldwide; and • identifies specific rule-of-law values that would be promoted by increased standardisation.The standardisation of statutory writing is both a worthy goal and a growing trend worldwide.The United States, through the evolution of its Federal legislative drafting practices, has furthered that goal, with the effect not only of enhancing the quality of our domestic law but also of serving as a model internationally.This American model emerged only after many years of trial and error in drafting an ever-increasing volume of 1 Arthur J. Rynearson, the former Deputy Legislative Counsel of the United States Senate, was the chief Senate drafter of United States foreign relations law and immigration law during his 26-year career in the nonpartisan Senate Legislative Counsel's Office.Mr. Rynearson currently serves as course advisor and principal faculty for the legislative drafting workshops of the International Law Institute (ILI) of Washington, D.C., which trains foreign lawyers, primarily from Africa.He teaches drafting both in the United States and abroad.Mr. Rynearson is a member of the District of Columbia Bar.
DOI: 10.61955/fdxwve
Author: Arthur Arthur
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4403705893