MODULE 3
UNIT 3 STAGES OF DRAFTING
sponsoring authority at the early stage after receiving the instruction. He should also attend the meeting of the sponsoring body when the bill is discussed. It is important that the draftsman bear in his mind and ensure the compliance of the following when taking instructions:
(a) Sufficient background information of the bill: This will help the draftsman appreciate the perspective, the facts and the problem the proposal seeks to meet. The background of the bill are usually contained in the sources of materials, e.g. Constitution, judicial decision, manifesto, white paper etc.
(b) The object of the law: The purpose which the law seeks to meet must be clearly stated. E.g. to cure a mischief. The object of a law will assist the draftsman in drafting long title, preamble and purpose clause of the bill.
(c) Means of achieving the principal objects. The practical issues of enforceability of the proposed law are handled here. This may require the establishment of a body, stating the composition, power, function, qualification of member of such established body etc. This information assists the draftsman when drafting principal and miscellaneous provisions.
(d) All known and anticipated challenges. These challenges may be legal, social or administrative.
(2) ANALYSIS
The draftsman after the receipts of legislative proposal (instruction) analysis the proposal in relation to
(a) The existing law: This is to enable the draftsman avoid duplicity or repeal of existing law on the subject.
(b) Potential danger area: Enable the draftsman to avoid conflict e.g. with the constitution (section 1 sub section 3). Ensure enforceability and to enable the draftsman advice the sponsor accordingly.
(c) Practicability: A law that cannot be implemented is no law. This occurs where (a) and (b) are not observed. Here requires knowledge of the culture of the people, social science and humanities.
(3) DESIGN
This is also known as the design stage. This is the structuring of information in such a way that enables readers to easily get the needed information. It covers the overall arrangement of the bill and the internal arrangement of sections. This aids the readers understanding of the bill.
To also solve the challenge of leaving out vital points, the draftsman makes use of checklist and precedent at this stage. In dividing the bill into parts what is paramount is not necessarily the length of the bill but whether the proposed parts are independent. E.g. companies and allied mattes Act 1990 his three parts: -
Part A – Companies Part B – Business Name Part C – Incorporated trustee.
See
Reg v. Huntingdon D.C; Ex P Cowan (1984) I WLR 501 at 508 Alhaji Isikil Oladoyinbo v. Lord Edward Byron (2008) B. L.R (pt 1) 698
The different parts of CAMA were before 1990 covered by separate legislations. The advantage of arranging legislative in parts are:- Ease of reference - Clarity of presentation
- Easy comprehension by reader.
(4) COMPOSITION
This is the drafting of the bill. The draftsman uses precedent both local and foreign at this stage. A good draftsman should use provisions that are compatible with the purpose of the bill. The modern use of cut and paste must be used with care. The duty of the draftsman is to ensure that the bill is readable by using simple English language (the plain English). This
is because modern laws are not meant for the understanding of lawyer alone but the general public. This will also help reduced the level of ignorance of the law in the society. The draftsman must be precise and to achieve this, the draftsman must acquaint himself with the Interpretation Act, interpretation of words and phrases, read law reports and legal dictionaries. Draftsman must choose and use appropriate words.
(5) SCRUTINY
This is the stage of editing, proof reading to correct mistake and errors to ensure that the real intention is conveyed to the readers. If the other stages as followed, the work at this stage is made simple. Usually the bill is sent to editor after the draftsman has done self editing of the bill. The advantage of engaging independent eyes especially an experience draftsman is to help spot out errors or mistakes the draftsman may not notice and to tap from the editor’s experience.
4.0 CONCLUSION:
There are stages a legislative draftsman must carefully follow if he is to produce a good bill. We carefully examined these stages distilling what should be done at every stage. The stages are rigorous but rewarding.
5.0 SUMMARY
At the end of this unit you learnt
- What to do in receiving legislature proposal - How to analysis a proposal
- Design of a bill
- How to compose a bill
- Editing and scrutinizing of a bill
6.0 TUTOR MARKED ASSIGNMENT
Discus the five stages of legislative drafting.
7.0 FURTHER READING/REFERENCES
Imhanobe, S.O., (2010),
Legal Drafting and conveyancing,
Abuja: Temple Legal Consult.Adubi, C.O., (1995)
Drafting, Conveyances and Will
, Lagos: Light House Publishing Co.Asprey, M., (1996)
Plain language for lawyers,
2nd edn, Sidney:
Federation Press Thorton, G. C.,Legislative Drafting,
4 edn., London: Butherworth.Idigbo, M. O. I., (1995)
Legislative Drafting
, Veritas Printing and Publishing Company.Merville, L. W. (1991)
The Draftsman handbook,
2nd edn, London: Longman.Crabbe, V., (1993)
Legislative Drafting,
London: Canvadish Publishing Limited.Rylance, P., (1994)
Legal Writing,
Blackstone Press Limited.Soetan O., (1997)
Elements of Legal Drafting
Lagos: Dredew Publishers.MODULE 3
UNIT 4 COMPONENTS OF A BILL