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    THORNTON

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    John cleaveland
    Thornton outlined a 5 stage process for drafting legislation: 1) Understanding the proposal by reviewing instructions and consulting stakeholders. 2) Analyzing the proposal by considering it in the legal context. 3) Designing the law by planning its structure and fit within the legal system. 4) Composing and developing a first draft individually. 5) Scrutinizing the draft by critically reviewing its substance and form before progressing it to parliament. Following these stages is likely to produce high quality legislation that achieves its intended outcomes.

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    THORNTON

    Uploaded by

    John cleaveland
    246 views2 pages
    Thornton outlined a 5 stage process for drafting legislation: 1) Understanding the proposal by reviewing instructions and consulting stakeholders. 2) Analyzing the proposal by considering it in the legal context. 3) Designing the law by planning its structure and fit within the legal system. 4) Composing and developing a first draft individually. 5) Scrutinizing the draft by critically reviewing its substance and form before progressing it to parliament. Following these stages is likely to produce high quality legislation that achieves its intended outcomes.

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    Legal Drafting

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    Thornton outlined a 5 stage process for drafting legislation: 1) Understanding the proposal by reviewing instructions and consulting stakeholders. 2) Analyzing the proposal by considering it in the legal context. 3) Designing the law by planning its structure and fit within the legal system. 4) Composing and developing a first draft individually. 5) Scrutinizing the draft by critically reviewing its substance and form before progressing it to parliament. Following these stages is likely to produce high quality legislation that achieves its intended outcomes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    246 views2 pages

    THORNTON

    Uploaded by

    John cleaveland
    Thornton outlined a 5 stage process for drafting legislation: 1) Understanding the proposal by reviewing instructions and consulting stakeholders. 2) Analyzing the proposal by considering it in the legal context. 3) Designing the law by planning its structure and fit within the legal system. 4) Composing and developing a first draft individually. 5) Scrutinizing the draft by critically reviewing its substance and form before progressing it to parliament. Following these stages is likely to produce high quality legislation that achieves its intended outcomes.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    THORNTON’S FIVE STAGES OF DRAFTING

    Thornton, a renowned and eminent drafter distinguished between five stages in the drafting
    process, namely: UNDERSTANDING the proposal, ANALYZING the proposal, DESIGNING
    the law, COMPOSING and DEVELOPING the draft and SCRUTINIZING the draft

    Thornton divided the drafting process into five stages. If drafters adopt and adhere to the five
    stages of the drafting process as laid down by Thornton, it is considered very likely that the bill
    they draft will be of good quality, which intention will produce quality legislation which uses all
    fundamental principles to be right and effective. Quality legislation is that which is capable of
    producing regulatory results required by policy makers, a law which is capable of leading to
    efficacy and effectiveness.

    STAGE 1: UNDERSTANDING
    Thornton considered that that first step in the drafting process is to understand the policy. This
    starts with the initial communication of intention to create legislation from the policy sponsor.
    The primary mode of communication between the policy sponsor and the drafter is the Drafting
    Instructions. The Drafting Instructions is the document (or set of documents) that sets out in the
    proposed policy framework. The secondary method for gaining understanding is consultation
    between the drafter and the sponsor.

    STAGE 2 – ANALYSIS

    The drafter, having gained a comprehensive understanding of the proposal, must then sit down
    to consider carefully, and analyze the proposal before him. As one can imagine, there may be a
    blurred line between Stage 1 (understanding) and Stage 2 (analysis). While understanding is
    back-looking and one-off, analysis of the proposal is a forward-looking exercise that seeks to
    place the proposed legislation in the larger scheme of things (mostly legal) within the
    jurisdiction. Understanding is relevant to the policy per se. It is relevant to gaining a contextual
    view before moving forward with the task at hand.

    STAGE 3: DESIGN THE LAW

    The design stage involves planning the scheme and structure of the proposed legislation. Design
    of legislation refers to two spheres: first is the fitting of the proposed legislation within the legal
    system, and second is the internal structure of the bill. The first task naturally flows out of the
    analysis stage. Designing the law starts with a question of whether a law is necessary. This is a
    perfect bridge between the analysis and design stage. Whilst it may be counter-intuitive to
    specific instructions to draft legislation, the drafter may discover that the particular solution
    being offered is not necessary as the problem (mischief) is adequately addressed either by
    administrative or existing legislative means.
    STAGE 4: COMPOSITION AND DEVELOPMENT

    This is the actual drafting stage, where the drafter begins to put “pen to paper” and start drafting
    the law. It is recommended that a first draft is best done by a single drafter rather than by a
    drafting committee, as a committee can be bogged down by endless discussion over trivialities

    STAGE 5: SCRUTINY AND TESTING

    The final stage is the scrutinizing and testing of a bill. In this stage which the „final‟ draft is
    reconsidered critically and objectively, in all its aspects, especially in regard to both its form and
    substance83. This final stage usually follows the point during the development process in which
    the drafter and maybe the sponsoring policy officers are satisfied that the draft is complete and
    ready to progress to Parliament. This is when the drafter must raise some vital questions
    regarding the bill. It could be applied to hypothetical situations to check its applicability and
    usability and effectiveness. Scrutiny and testing of a draft bill can occur on two levels: first, the
    policy level; and the Form.

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