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Chapter 16: The effect of drafting styles

Chapter 16: The effect of drafting styles

pp. 231-244

Authors

, La Trobe University, Victoria, , University of Western Australia, Perth,
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Summary

[16.1] This chapter builds on chapter 10 where the nature of legislative drafting is discussed. It addresses the main styles of legislative drafting and their impact on interpretation. In common law jurisdictions there are three main recognised styles of drafting: traditional, plain language and general principles. Since the 1980s, Australian parliamentary counsel have largely adopted the plain language style of drafting, though other styles, notably general principles, are also used whenever appropriate.

Keywords

  • The Effect of Drafting Styles
  • traditional style
  • plain language style
  • general principles style
  • intrinsic context
  • drafting styles
  • drafting conventions
  • drafting techniques

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