scholarly journals The Drafters’ Dance: The Complexity of Drafting Legislation and the Limitations of ‘Plain Language’ and ‘Good Law’ Initiatives

2019 ◽  
Vol 41 (2) ◽  
pp. 129-158
Author(s):  
Thomas E Webb ◽  
Robert Geyer

Abstract Can we provide legislative drafters with tools to simplify and clarify legislation, and make it more accessible? In the United Kingdom, United States, Canada, Australia, and European Union, through strategies such as the ‘Plain Language’ and ‘Good Law’ (PL/GL) initiatives, it is claimed that the answer is ‘yes’. Though many of the normative intentions underlying such initiatives are commendable, we argue that the pursuit of legislative and legal simplicity, clarity, and accessibility ignores the distinctly ‘complicated’ and ‘complex’ role of legislation and legislative drafters. This leads to a range of contradictory and paradoxical outcomes that undermine these goals. Following a review of the role of legislative drafters and PL/GL initiatives, we use a complexity tool, the Stacey Diagram, to demonstrate and visualize the inherent tensions in the PL/GL position. We show how legislative drafters negotiate their complex environment in a much more subtle, human way than is commonly recognized in PL/GL discourse.

2015 ◽  
Vol 46 (3) ◽  
pp. 989 ◽  
Author(s):  
Mario Patrono ◽  
Justin O Frosini

This article discusses the Constitution of the United Kingdom and then draws some comparisons between it and the Constitution of the United States of America. It touches on issues such as how the United Kingdom's commitment to parliamentary sovereignty has been affected by the country's relationship with the European Union.


2019 ◽  
Vol 8 (3) ◽  
pp. 349-365 ◽  
Author(s):  
Linda Jean Kenix ◽  
Reza Jarvandi

This research examines coverage of refugees in an attempt to further understand how media frames are actively, and perhaps ideologically, constructed. Articles between 2010 and 2015 were analysed in accordance with their publication in sixteen different news publications from the United States, Australia and the United Kingdom. The newspapers were selected from opposite ends of the ideological political spectrum. This research explores the consequences of these findings for the international community and for objective international newspaper reporting.


2012 ◽  
Vol 86 (2) ◽  
pp. 239-260 ◽  
Author(s):  
Patricio Sáiz ◽  
Paloma Fernández Pérez

Trademarks have traditionally been viewed as assets that, although intangible, nevertheless contribute to the success of firms. This study, based on a compilation of national trademark data, corrects existing distortions of the historical role of brands and their—often unsuccessful—use as business tools by countries, sectors, or firms. Legislation on, and the profuse use of, trademarks in the Western world was pioneered by Spain, rather than by France, the United States, or the United Kingdom, and was initiated in unusual sectors, such as papermaking and textiles, rather than in the more usual ones of food and beverages. Analysis of the applicants of Catalan trademarks, across sectors, during almost a century, reveals that the legal possession of a brand cannot in itself guarantee a firm's success.


1988 ◽  
Vol 15 (4) ◽  
pp. 281-286 ◽  
Author(s):  
K. D. O'Brien ◽  
W. C. Shaw

The role of dental and orthodontic auxiliaries in Europe and the United States is reviewed, and the advantages of their employment in the United Kingdom are discussed in terms of increasing the cost-effectiveness of orthodontic treatment provision. A three-stage programme for the evaluation of Orthodontic Auxiliaries in the UK is proposed.


2020 ◽  
pp. 157-177
Author(s):  
Mikhail Grabevnik

The withdrawal of the United Kingdom from the European Union focused the issue of cleavage of British statehood by European criteria. According to the results of sociological surveys and polls, the distribution of preferences of Brexit is correlated with the national identification matrix. Most Scots and Irish of United Kingdom support remaining the membership in the European Union, while the most English defend soft or hard Brexit. However, the depth of such cleavage underlines the uncertainty in the preferences of citizens who identify as British in general. In the context of the United Kingdom's withdrawal from the European Union, the question of the European identity of Scots was also underlines by Scotland's regional political actors. This article is aimed to the analysis of the dynamics of the European identity of the Scottish community in 2016–2020 under Brexit conditions. The author concludes that the share of Scots with European identities increased after 2016, and Brexit was a key factor in the dynamics. At the same time, the actualization of European identity among the Scottish community is connected with the pragmatic strategy of the Scottish community and regional political actors to neutralize the negative economic and social effects of Brexit and plays an instrumental role in the national and European political arenas. The article starts with an excursion to the issues of national identity in the modern United Kingdom in the studies of Western and Russian authors. Then, based on an analysis of sociological data, the question of the European identity of Scots was raised, as well as the role of the national identity of United Kingdom citizens in the issue of membership in the European Union. At the end of the article, author proposes the description of the position and strategy of the Scottish community on the issue of Brexit.


10.7249/tl277 ◽  
2017 ◽  
Author(s):  
Charles Ries ◽  
Marco Hafner ◽  
Troy Smith ◽  
Frances Burwell ◽  
Daniel Egel ◽  
...  

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