LEGISLATIVE DRAFTING principles

LEGISLATIVE DRAFTING TECHNIQUES

• REVIEW OF THE CONSTITUTIONAL REFORM PROCESS 2002 published in the Caribbean Law Review by the University of the West Indies, Cave Hill, Barbados, 2003. This paper was delivered at the first law conference of the Guyana Bar Association. Quote "no attempt was made to draft the amendments in simple, clear, accurate and unambiguous language. Verbosity and tautology were the preferred style."
  
  
• Guyana Chronicle newspaper of 21 November 2007 referred to the speech. click

• PARLIAMENT: A DEMOCRACY OR A MOCKERY 2003 - Legislative Drafting critique of Service Commissions, Terrorist, Deportee and Seat Belt Laws at the Guyana Bar Association law conference. Quote "The amendments were not a credit to those who assumed responsibility for their drafting. They were ambiguous, vague and characterised by a total absence of specifics. The legislative vacuum led to different interpretations as to what Parliament intended."

• LEGISLATIVE DRAFTING PRINCIPLES LACKING IN CONSTITUTION REFORM 2000
  
  
• Guyana Election Law amendment 2000 - Consequences of poor legislative drafting
  
  
• THE ROLE OF PARLIAMENTARY COUNSEL AND LEGISLATIVE DRAFTING IN GUYANA: A Critique (22,327 words) LL.M. Research Paper 1997. Includes Statute Law Revision, Consolidation of Laws, Law Reform, Constitution, Natural Justice and Principles of Good Administration
  
  
• DUTY TO GIVE REASONS: THE WAY FORWARD Administrative Law article updated in 2008. Published in The New Guyana Bar Review: May 2008. see Kaieteur News article
  
  

Copyright © unless expressly stated otherwise. All rights reserved ®. Jamela A. Ali. Not to be published without written permission from the author.

Legislative Drafting quotes from Articles - Jamela A Ali, Attorney at Law LLB(Hons), LEC, LLM(Legislative Drafting)(UWI), MCIArb.

"It is poor drafting and absence of clarity which encourages those who wish to undermine the rule of law."

"To draft cut and paste style is to go to sea without a compass, but to draft without civil litigation experience is not to go to sea at all."

"Draftspersons are not legal mechanics and it is their function to advise when recommendations are inappropriate for a Constitution. Erudition as opposed to compliance separates the proper draftspersons from the legal mechanics."

******************

For more writings by Ms Jamela A Ali, click on Articles.

******************

Jamela A Ali is the Principal of the Jamela Ali Law Firm providing legal services in Contract Negotiations, Oil and Gas, Mining Law & Agreements, Conveyancing, Property matters, Trademarks, Adoption of Children, Divorces, Probates of Wills and Administration, Money Claims, Formation of Companies, Mediation and Real Estate. She is also a Trademark and Patent Agent, a Notary Public and a Trained Mediator.

Copyright. Jamela A. Ali 2015 - 2024