As the international financial framework develops it has brought with it dynamic national legislative reforms. The article establishes how the domestication of the Financial Action Task Force (FATF) Recommendations directly affects national legislative processes as the FATF mandate does not have due regard to national legislative drafting processes when setting up obligations for domestication. The article tests the FATF Recommendations against conventional legislative drafting processes and identifies that, the proposed structures created by the FAFT do not conform to traditional legislative drafting processes. Due regard to functionality and efficacy is foregone for compliance. It presents the experience of three countries which have domesticated the FATF Recommendations and proves that the speed at which compliance is required leads to entropic legislative drafting practices which affects harmonisation of national legislation. |
Search result: 49 articles
Editorial |
Are Emergency Measures in Response to COVID-19 a Threat to Democracy? |
Journal | European Journal of Law Reform, Issue 4 2020 |
Authors | Franklin De Vrieze and Constantin Stefanou |
Author's information |
Article |
Building Legislative FrameworksDomestication of the Financial Action Task Force Recommendations |
Journal | European Journal of Law Reform, Issue 3 2020 |
Keywords | domestication, legislative processes, functionality, efficacy |
Authors | Tshepo Mokgothu |
AbstractAuthor's information |
Editorial |
Parliamentary Scrutiny of Law Reform in Recently Established Constitutional Democracies and in the Commonwealth Sphere |
Journal | European Journal of Law Reform, Issue 2 2020 |
Authors | Enrico Albanesi and Jonathan Teasdale |
AbstractAuthor's information |
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Article |
Gender and LanguageA Public Law Perspective |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | gender language, drafting, language, coercion, linguistic policies |
Authors | Maria De Benedetto |
AbstractAuthor's information |
The article adopts a public law perspective in order to focus on Gender-Fair Language (GFL) policies and drafting, by considering both language neutralization and language differentiation in some legal systems characterized by different languages. |
Article |
A Linguistic Insight into the Legislative Drafting of English-Speaking JurisdictionsThe Use of ‘Singular They’ |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | gender neutrality, ‘singular they’, linguistic insight, legislative drafting, English-language jurisdictions |
Authors | Giulia Adriana Pennisi |
AbstractAuthor's information |
Gender specificity in legislation started being questioned in the late 20th century, and the need to reform the way in which laws have been written for more than one-hundred years has been particularly evident in English-language jurisdictions. In the 1990s and 2000s, the adoption of a plain English style forced legislative drafters to avoid sentences of undue length, superfluous definitions, repeated words and gender specificity with the aim of achieving clarity and minimizing ambiguity. |
Article |
Gender Neutrality in EU Legislative Drafting |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | legislative drafting, EU legislation, EU treaties, multilingualism, gender neutrality |
Authors | William Robinson |
AbstractAuthor's information |
In the English-speaking world the issue of gender-neutral drafting in legislation has been a much discussed topic for many years, and there are few legislative drafting manuals in the English-speaking world that do not address the issue. |
Article |
Law Reform and the Executive |
Journal | European Journal of Law Reform, Issue 4 2019 |
Keywords | law reform, parliamentary counsel, legislative drafting, Australia, Victoria |
Authors | Adam Bushby |
AbstractAuthor's information |
This article comments on the process of law reform in Australia from the perspective of a legislative drafter. After a description of the Australian political and parliamentary system and a discussion of the role of the legislative drafter, a brief summary of the formal law reform processes in Australia is provided, including a discussion of how legislative drafting offices participate in the law reform process. Participation includes the drafting of Bills giving effect to law reform proposals based on drafting instructions approved by Cabinet, providing for the undertaking of statutory reviews, as well as the remaking of legislation. It is the role of the legislative drafter to assist the government by turning policy into legislation, so the focus here is on the practical implementation of law reform rather than the independence of law reform bodies. |
Editorial |
Editorial |
Journal | European Journal of Law Reform, Issue 1 2019 |
Authors | Dr Constantin Stefanou |
Author's information |
Article |
Legislative Reform in Post-Conflict SettingsA Practitioner’s View |
Journal | European Journal of Law Reform, Issue 1 2019 |
Keywords | post-conflict, rule of law, law reform, legislative reform |
Authors | Nathalia Berkowitz |
AbstractAuthor's information |
Following conflict, considerable effort is often dedicated to legislative reform. This effort includes not only domestic actors but also international actors frequently acting with the aim of establishing the rule of law. This article seeks, first, to provide some context for legislative reform in post-conflict settings and outline some of the criticisms that have been made. Drawing on the work of legislative experts, the article then identifies some of the simple questions that those involved in legislative reform ask and discusses some of the key challenges in answering them. The article suggests that establishing the rule of law is more than putting laws ‘on the books’ and that the way in which legislation is created may itself contribute to developing the rule of law. It suggests that as the rule-of-law community develops new approaches, it might find it useful to draw on the approach of legislative experts and their concern with how effective legislation is created. |
Article |
Plain LanguageA Promising Tool for Quality Legislation |
Journal | European Journal of Law Reform, Issue 4 2018 |
Keywords | plain language, clarity, precision, accessibility, interpretation |
Authors | Kally K.L. Lam LLB |
AbstractAuthor's information |
The hypothesis of this article is that plain language drafting with innovative drafting techniques can improve the quality of legislation. Further to this, the article tries to prove that quality legislation can also make the law more accessible to its general audience. With regard to quality, the article assesses plain language drafting with innovative drafting techniques using Helen Xanthaki’s criteria of quality in legislation, i.e. that it should be clear, precise and unambiguous. With regard to accessibility, it is defined broadly as to include readability. I will first assess whether plain language drafting with innovative drafting techniques can meet the expectations of its general audience and second discuss whether legislation drafted in plain language with innovative techniques passes the usability tests. |
Editorial |
Introduction to the Professor Robert Seidman Memorial Issue |
Journal | European Journal of Law Reform, Issue 1 2018 |
Authors | Sean J. Kealy |
Author's information |
Book Review |
Book review |
Journal | European Journal of Law Reform, Issue 3 2017 |
Authors | Ulrich Karpen |
Author's information |
Article |
Comparative Legislative DraftingComparing across Legal Systems |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | comparative legislative drafting, comparative law, drafting process |
Authors | Constantin Stefanou |
AbstractAuthor's information |
This article is an original, first attempt at establishing a list of comparative criteria for the comparative study of legislative drafting or aspects of legislative drafting between the two families of legal systems: common law and civil law. Because of the limited bibliography in the field of legislative drafting – let alone in comparative legislative drafting between common law and civil law systems – this article adds to existing scholarship on the field aiming to become a basis for further comparative research in legislative drafting. The list of criteria can be used on its own for different jurisdictions within the same family of legal systems, or the two lists can be used to juxtapose civil and common law experiences in legislative drafting. As this is the first time that such lists of comparative criteria in legislative drafting have been produced, it should be stressed that the lists are certainly not exhaustive. The aim of this article is to generate comparative research in legislative drafting, and so, inevitably, such comparative research might add or even subtract criteria from the lists depending on results. |
Article |
Prologue: The IALS Law Reform Project |
Journal | European Journal of Law Reform, Issue 3 2016 |
Keywords | statute, common law, codification, consolidation, implementation |
Authors | Jonathan Teasdale |
AbstractAuthor's information |
Law, particularly enacted law, needs to be as simple and as accessible as possible, clear and concise and – perhaps above all – fit for the purposes of modern society. Laws passed in one decade may prove to be less than adequate for the needs of later generations because of changes in the social fabric or social mores or because of technological advance or economic challenge. Societies needs mechanisms for keeping law under review, particularly when governments are focused on introducing more law – sometimes layered on top of existing law – to fulfil electoral promises. The position is compounded in common law systems where the senior judiciary add to the legal corpus. |
Article |
Structure of Legislation: A Paradigm for Accessibility and Effectiveness |
Journal | European Journal of Law Reform, Issue 3 2015 |
Keywords | effectiveness of legislation, structure of legislation, accessibility of legislation, quality drafting, clarity |
Authors | Elohor Onoge |
AbstractAuthor's information |
The aim of this article is to examine how the structure of legislation can nurture accessibility and effectiveness of legislation. |
Article |
Sir William Dale Annual Memorial LectureIs Legislation Literature? |
Journal | European Journal of Law Reform, Issue 3 2015 |
Authors | Sir Geoffrey Bowman |
Author's information |
Book Review |
Book Review |
Journal | European Journal of Law Reform, Issue 3 2015 |
Article |
Corruption and Controls |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | corruption, controls, inspections, administration, regulation |
Authors | Maria De Benedetto |
AbstractAuthor's information |
Anti-corruption is a relatively recent policy which calls for controls. They represent the most effective means in rebalancing institutions which are not fully informed: ‘secrecy’, in fact, characterizes infringements and corrupt behaviour. |
Editorial |
Special Issue on Islamic Law |
Journal | European Journal of Law Reform, Issue 2 2014 |
Article |
Drafting of Legislation in Compliance with Model Laws |
Journal | European Journal of Law Reform, Issue 4 2013 |
Keywords | challenges, domestic legislation, model laws |
Authors | Lesedi Poloko |
AbstractAuthor's information |
Lawmaking is an essential attribute of a state. Laws differ from one country to another, and compliance with different legal rules may create problems. Uniformity of laws is an end in itself, and its value lies in its practical benefits. Interest in the quality of legislative instruments is a major concern, especially as regards the effectiveness of the national legislation. |