Common problems in law-making and legislative drafting of laws and regulations

Authors

  • João Tiago Silveira Faculty of Law, University of Lisbon, Alameda da Universidade – Cidade Universitária, 1649-014 Lisbon – Portugal

Keywords:

Legislative Drafting; Law Making; Better Regulation; Law; Regulation

Abstract

This article is aimed to address the some of the common problems in law making and legislative drafting of laws and regulations.
After preliminary remarks, the paper addresses common problems of law-making concerning laws aimed to transpose EU directives and execute EU regulations. Then, the issue of the option between legislation and other instruments to address a policy matter is discussed, including the problem of enacting unnecessary legislation. Finally, specific issues on legislative drafting are addressed as i) issues on the language used by laws and regulations, ii) how to ensure legal certainty and iii) issues on clarity of legislation. The article ends with final remarks. 

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Published

06-12-2018

Issue

Vol. 5 No. 3 (2018): Law and Politics

Section

Thematic Issue

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