Policy and the drafter: The role of the drafter in influencing the substance of policy

Policy and the drafter: The role of the drafter in influencing the substance of policy

Lord Henry Thring’s approach that the legislative drafter is not concerned with policy or substance but form has subsisted for long but modern realities which have made drafters’ role to overlap from the policy formulation stage to other parts of the policy process, make it glaring that this approac...

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Main Author: Michael Habila Dauda
Format: Article
Language:English
Published: University of London 2018-04-01
Series:IALS Student Law Review
Online Access:https://journals.sas.ac.uk/index.php/lawreview/article/view/2820
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spelling doaj-ac3c4b88e94743ffbe53fdf9891f1dcc2020-11-24T21:14:46ZengUniversity of LondonIALS Student Law Review2053-76462018-04-01273310.14296/islr.v5i1.28202820Policy and the drafter: The role of the drafter in influencing the substance of policyMichael Habila DaudaLord Henry Thring’s approach that the legislative drafter is not concerned with policy or substance but form has subsisted for long but modern realities which have made drafters’ role to overlap from the policy formulation stage to other parts of the policy process, make it glaring that this approach which is now considered a myth, cannot hold water for modern day legislative drafting in common law jurisdictions. This article uses Ann and Robert B. Seidman’s bill drafting process as criteria to compare the drafting process in UK and Nigeria and analyses how the role of drafters in both jurisdictions influence the substance of policy.https://journals.sas.ac.uk/index.php/lawreview/article/view/2820
collection DOAJ
language English
format Article
sources DOAJ
author Michael Habila Dauda
spellingShingle Michael Habila Dauda
Policy and the drafter: The role of the drafter in influencing the substance of policy
IALS Student Law Review
author_facet Michael Habila Dauda
author_sort Michael Habila Dauda
title Policy and the drafter: The role of the drafter in influencing the substance of policy
title_short Policy and the drafter: The role of the drafter in influencing the substance of policy
title_full Policy and the drafter: The role of the drafter in influencing the substance of policy
title_fullStr Policy and the drafter: The role of the drafter in influencing the substance of policy
title_full_unstemmed Policy and the drafter: The role of the drafter in influencing the substance of policy
title_sort policy and the drafter: the role of the drafter in influencing the substance of policy
publisher University of London
series IALS Student Law Review
issn 2053-7646
publishDate 2018-04-01
description Lord Henry Thring’s approach that the legislative drafter is not concerned with policy or substance but form has subsisted for long but modern realities which have made drafters’ role to overlap from the policy formulation stage to other parts of the policy process, make it glaring that this approach which is now considered a myth, cannot hold water for modern day legislative drafting in common law jurisdictions. This article uses Ann and Robert B. Seidman’s bill drafting process as criteria to compare the drafting process in UK and Nigeria and analyses how the role of drafters in both jurisdictions influence the substance of policy.
url https://journals.sas.ac.uk/index.php/lawreview/article/view/2820
work_keys_str_mv AT michaelhabiladauda policyandthedraftertheroleofthedrafterininfluencingthesubstanceofpolicy
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