دانلود کتاب Thornton's Legislative Drafting

فهرست مطالب :

Cover\nHalf title\nTitle page\nCopyright page\nForeword to the Fifth Edition\nPreface\nContents\nTable of Cases\nTable of Legislation\nChapter 1 - Legislation as a tool forregulation\n REGULATORY AND LEGISLATIVE QUALITY\n QUALITY OF LEGISLATION\n PURSUING EFFECTIVENESS\nChapter 2 - Words\n INTRODUCTION\n WHAT IS LANGUAGE?\n WORDS\n The meaning of words\n Vagueness of words\n Ambiguity of words\n Instability of words\nChapter 3 - Syntax and punctuation\n INTRODUCTION\n Syntax and grammar in legislative drafting\n The significance of syntax\n THE LEGISLATIVE SENTENCE\n Subject-predicate relationship\n Elements of the sentence\n Coode’s analysis\n SENTENCE PROBLEMS\n Problems with modifiers\n Incomplete and fused sentences\n Problems with negatives\n PUNCTUATION\n Four general rules\n The comma\n The semi-colon\n The colon and the dash\n The full stop\n Parentheses\n The apostrophe\n The hyphen\nChapter 4 - Style\n STYLE AND THE PURPOSES OF LEGISLATION\n Purposes of legislation\n Communication of legislation\n Style should help communication\n TRADITIONAL LEGISLATIVE STYLE – IS IT REALLY A PROBLEM?\n ARE SHORT SIMPLE ACTS THE ANSWER?\n THE PURSUIT OF CLARITY\n Simplicity and precision – a tension and a balance\n Beware the allure of abstract words\n Signposts along the way to clarity\n The pursuit of clarity – general rules\n The pursuit of clarity – rules for drafting sentences\n The pursuit of clarity – word choice\n General rules – comment\n Six rules instead of twenty-nine\n STYLE AND GENDER\n Gender inclusive grammar\n Avoid ‘man’ words\nChapter 5 - Specific matters of style\n SECTIONS\n THE PROVISO\n NUMBERING, LETTERING AND INDENTATION PRACTICE\n MISCELLANEOUS STYLISTIC MATTERS\n References to dates\n References to numbers\n References to legislation\n Spelling\n Capitals\n Symbols and abbreviations\nChapter 6 - Miscellaneous words and expressions\n WORDS AND EXPRESSIONS TO AVOID\n above; below\n aforesaid; abovementioned; aforementioned; beforementioned\n following; foregoing; preceding; succeeding\n hereby; thereby\n herein; hereinafter; hereinbefore; hereto; herewith; hitherto; heretofore\n it shall be the duty of\n it shall be lawful for; it shall not be lawful for\n it is hereby declared that\n the provisions of\n provided that; provided\n whatsoever; wheresoever; whosoever; whomsoever\n WORDS AND EXPRESSIONS TO USE CAREFULLY\n and; or; nor; and/or\n any; all; each; every\n as to\n comprise\n deem\n less than; more than; not exceeding; exceeding\n above; below; over; under\n as the case may be\n if any\n none\n notwithstanding; subject to\n other; otherwise\n shall; may; must; should\n oral; verbal\n practical; practicable\n same\n save\n such\n that; which\n whether\n unless; except\n while\n EXPRESSIONS OF TIME\n General\n existing\n before; after; from\n forthwith; as soon as possible; immediately; without delay; without unreasonable delay; as soon as may be; without undue delay\n between; and\n by; until; till\n at least\n clear\nChapter 7 - Interpretation Acts\n INTRODUCTION\n APPLICATION OF INTERPRETATION LEGISLATION\n DEFINITIONS OF WORDS AND EXPRESSIONS\n PROVISIONS REGARDING CONSTRUCTION OF LEGISLATION\n POWERS AND DUTIES\n TIME\n SAVING OF DELEGATED LEGISLATION\n WHEN IS AN INTERPRETATION ACT BAD LAW?\nChapter 8 - The drafting process: Part 1\n INTRODUCTION\n THE ROLE OF A LEGISLATIVE DRAFTER\n WHEN SHOULD DRAFTERS BECOME INVOLVED IN LEGISLATIVE PROPOSALS?\n THE ROLE OF INSTRUCTING OFFICERS\n BASIC EQUIPMENT\n THE FIVE STAGES OF THE DRAFTING PROCESS\n STAGE 1 – UNDERSTANDING\n 1 Drafting instructions\n 2 Consultation\n STAGE 2 – ANALYSIS\n 1 Legislative proposals and existing law\n 2 Legislative proposals and special responsibility areas\n 3 Legislative proposals and practicality\n STAGE 3 – DESIGN\n The layered structure of legislation\n The design of legislation not directly amending in character\n The design of amending legislation\nChapter 9 - The drafting process: Part 2\n STAGE 4 – COMPOSITION AND DEVELOPMENT\n The composition process\n The use of definitions\n The use of purpose provisions\n The use of supplementary aids4\n The use of precedents: legal transplants\n Referential legislation\n STAGE 5 – SCRUTINY AND TESTING\nChapter 10 - Formalities and arrangement\n INTRODUCTION\n FORMAT\n ARRANGEMENT IN PARTS\n Practice\n Criteria for arrangement in Parts\n Dangers arising from arrangements in Parts\n Subdivision of Parts\n HEADINGS (OTHER THAN SECTION HEADINGS OR MARGINAL NOTES)\n Practice\n Construction\n Cross-headings\n SECTION HEADINGS AND MARGINAL NOTES\n Practice\n Construction\n TABLE OF CONTENTS\n RECOMMENDED ORDER OF ARRANGEMENT\nChapter 11 - Preliminary provisions\n LONG TITLE/INTRODUCTORY TEXT\n Definition and Function\n Practice\n PREAMBLE\n Construction\n Function\n Practice\n ENACTING FORMULA OR ENACTING CLAUSE\n APPLICATION\n Application to circumstances existing at commencement\n Territorial application\n Extra-territorial application\n Application to specific persons and things\n Application to Crown or to Government\n PURPOSE CLAUSES OR OBJECTIVES\nChapter 12 - Powers and duties\n INTRODUCTION\n DRAFTING STATUTORY POWERS\n Necessity for power\n Statement of power\n Who should be given the power?\n Exercise of the power\n TRANSFER AND REVOCATION OF STATUTORY FUNCTIONS\n Transfer of functions\n Revocation\n BREACH OF POWER OR DUTY\n Remedies for breach of statutory duty\n POWER TO DELEGATE EXECUTIVE FUNCTIONS\n Agency – the Carltona principle\n POWER TO GIVE DIRECTIONS\n Directions concerning the performance of statutory functions\n Performance directions\n POWER TO MAKE APPOINTMENTS\n POWER TO REQUIRE INFORMATION\n POWERS OF ENTRY, SEARCH AND SEIZURE\n Magistrate may issue entry and search warrant\n Form and content of entry and search warrant\n POWER TO TAKE SAMPLES\n POWERS CONCERNING CODES OF PRACTICE\n Who may issue a code\n Content of codes\n Consequences of breach of a code\nChapter 13 - Substantive and administrative provisions: Part 1\n INTRODUCTION\n STATUTORY CORPORATIONS AND OTHER BODIES\n Check list for legislation establishing corporations\n Forms relating to statutory bodies\n Financial provisions and accountability\n Dissolution of statutory corporations\nChapter 14 - Substantive and administrative provisions: Part 2\n LICENSING AND REGISTRATION\n Check list for licensing or registration systems\n Forms relating to licensing and registration\n Disciplinary provisions\n GOVERNMENT FINANCE\n Introduction\n Supply expenditure\n Statutory expenditure\n Legislative provision for expenditure\n Parliamentary control\n Appropriation legislation\n Loan and guarantee legislation\n TAXATION\n Introduction\n Check list for legislation imposing or empowering a tax or levy\n Forms\nChapter 15 - Substantive and administrative provisions: Part 3\n VALIDATION\n Validation of fees, taxes or charges\n Validation of unauthorised public expenditure\n Validation of judicial acts\n Validation of administrative acts\n Validation of appointment and irregular consequences\n Validation of subordinate legislation\n IMPLEMENTATION OF INTERNATIONAL CONVENTIONS\n Direct approach\n Indirect approach\n Practical points\n TRIBUNALS\n Introduction\n Check list for legislation establishing and regulating tribunals\n Forms\nChapter 16 - Supplementary provisions\n THE DELEGATION OF LEGISLATIVE POWER\n General principles\n Identity of delegate\n Sub-delegation\n Consultation and procedure\n Publication\n Parliamentary supervision\n Drafting enabling provisions\nChapter 17 - Penal provisions\n INTRODUCTION\n Jurisdiction of courts\n Limited locality jurisdiction\n Attempts\n Time limits\n Institution of prosecutions\n Aiding, counselling etc\n GENERAL FORMS\n Declaratory forms\n Conditional forms\n Directory forms\n Statement of penalty\n PARTIES TO OFFENCES\n VICARIOUS LIABILITY\n Responsibility for employees, contractors, agents, etc\n Responsibility for children and animals\n CORPORATIONS\n MENS REA AND STRICT LIABILITY\n SPECIAL DEFENCES\n Age of accused\n Weather or other reasonable cause\n Emergency action\n Protection of health, property, environment\n Action beyond control of defendant\n Course of business or employment\n Mistake, accident, act of another and diligence\n Warranty\n Precautions and diligence\n EVIDENCE BY CERTIFICATE\n Where certificate is evidence\n For the admission of evidence, by certificate of a constable\n Where certificate is sufficient evidence\n Where certificate is conclusive evidence\n CERTIFICATES\n Power to make regulations as to evidence by certificate\n Admissibility of written statements\n PRESUMPTIONS\n ONUS OF PROOF IN RELATION TO EXCEPTIONS\n PUNISHMENT\n General form for fine and imprisonment\n Where a greater maximum penalty is prescribed for prosecution on indictment\n Where a greater maximum penalty is prescribed for a second offence\n Where a greater maximum penalty is prescribed for a body corporate\n Where monetary benefits have accrued to offender\n Where the offence is continuing in nature\n Amendment of penalty\n FORFEITURE\n PROVISIONS SUPPLEMENTARY TO PUNISHMENTS\n Suspension or cancellation of licence and disqualification\n Order to cease carrying on business\n Order to pay prosecution expenses\n Order to remedy cause of contravention\n Order to refund amount wrongfully obtained\n Payment of compensation for damage\n INJUNCTIONS\n FIXED PENALTY SYSTEMS\nChapter 18 - Final provisions\n SAVINGS AND TRANSITIONAL\n Introduction\n Savings\n Transitional\n REPEALS\n COMMENCEMENT\n Where the legislation makes no specific commencement provision\n Where the legislation specifies a commencement date\n Where some person is empowered to specify a commencement date\n Where the Act is to commence upon the occurrence of a stipulated event\n Multiple commencement dates\n Conditional commencement date\n Alternative commencement dates\n Automatic commencement when commencement provision fails\n Table of commencement\n DURATION\n Expiry\n Sunset and review provisions\n SHORT TITLE\n Function\n Practice\n Citation by means of short title\n SCHEDULES\n Interpretation/Definition Schedules\nChapter 19 - Amending legislation\n INTRODUCTION\n TECHNIQUES OF AMENDMENT\n COMPARISON OF TECHNIQUES\n DRAFTING DIRECT AMENDMENTS\n Short titles\n Reference to the principal Act\n Reference to the section amended\n Recommended scope of amending section\n Parenthetic explanatory material\n Reference to prior amendments\n Caution against referring to line numbers\n Numbering practice\n Consideration of repeal and re-enactment\n Punctuation\n FORMS\n Repeals, deletions and omissions\n Substitutions\n Insertions and additions\n Amendments in schedule form\nChapter 20 - Subordinate legislation\n INTRODUCTION\n Validity of subordinate legislation\n Construction of subordinate legislation\n DRAFTING SUBORDINATE LEGISLATION\n Paragraphing\n Definitions\n Headings\n Enacting provision\n Preambles and purpose provisions\n Short title (citation)\n Commencement\n Operation\n Amendment and repeal\n Signature\n Consents\n Explanatory note\nChapter 21 - Transposition of EU legislation\n INTRODUCTION\n The intricacies of transposition\n The five stages of the transposition process\nChapter 22 - Pre- and post-legislative scrutiny: the lifecycle of legislation\n INTRODUCTION\n VERIFICATION\n PRE-LEGISLATIVE SCRUTINY\n POST-LEGISLATIVE SCRUTINY\n THE LIFECYCLE OF LEGISLATION\nIndex