Abstract
Legislative drafting has been the subject of much scrutiny and criticism in the past 30 years in England. It has been suggested that it could be significantly improved by the adoption of key features of the continental system of drafting. Generally, this has not occurred, because of various practical, legal and cultural objections. This paper examines first, from a comparative perspective, the key features of the style of legislative drafting in England. Secondly, it seeks to examine and explain the underlying factors which have hindered the process of convergence between English and continental techniques of drafting. Finally, the paper argues, from a theoretical perspective and having regard to the preservation of the rule of law in a democratic society, that there must be a much greater adoption of continental drafting techniques in England, the more so in light of the current jurisprudence of the European Court of Human Rights.
| Translated title of the contribution | Adoption en Angleterre du style legislatif en vigueur sur le continent: espoirs decus et perspectives d'avenir |
|---|---|
| Original language | French |
| Pages (from-to) | 809 - 832 |
| Number of pages | 24 |
| Journal | Revue Internationale de Droit Compar |
| Volume | 3 |
| Publication status | Published - 2006 |