Javascript must be enabled to continue!
Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury?
View through CrossRef
Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented.
Keywords: legal drafting, definitions, improvement of law, legal security.
Title: Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury?
Description:
Legislative drafting is a crucial element in the formation of legal norms.
The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content.
Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting.
It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts.
The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting.
We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law.
Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms.
However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented.
Keywords: legal drafting, definitions, improvement of law, legal security.
Related Results
The nature of luxury: a consumer perspective
The nature of luxury: a consumer perspective
Purpose
– The purpose of this paper is threefold: to provide an overview of the literature defining “luxury”; to suggest that luxury goods be distinguished from oth...
Luxury and Corruption
Luxury and Corruption
Luxury, luxury business, and corruption are intertwined in multiple ways. Luxury goods, art, and real estate are used to launder proceeds from corruption and organised crime; luxur...
Comparative-analytical study of normative-drafting activities in Ukraine and EU countries
Comparative-analytical study of normative-drafting activities in Ukraine and EU countries
The article is devoted to a comparative and analytical study of normative-drafting activities in Ukraine and the EU Member States in the context of the need to ensure harmonisation...
Thailand as world luxury destination
Thailand as world luxury destination
Nicknamed as the "Land of Smiles," Thailand has carved its niche as one of the finest and most wanted luxury tourism destinations in the world. It boasts of opulence and is deeply ...
Allure of the Abroad: Tiffany & Co., Its Cultural Influence, and Consumers
Allure of the Abroad: Tiffany & Co., Its Cultural Influence, and Consumers
Introduction Tiffany and Co. is an American luxury jewellery and specialty retailer with its headquarters in New York City. Each piece of jewellery, symbolically packaged in a blue...
Diffusing the boundaries between luxury and counterfeits
Diffusing the boundaries between luxury and counterfeits
PurposeThe aim of this study is to deepen the understanding of luxury consumption by comparing the meanings and the attributes of counterfeit branded products and luxury goods.Desi...
The Oxford Handbook of Luxury Business
The Oxford Handbook of Luxury Business
This innovative volume brings together contributions from leading experts in the study of luxury to present the full range of perspectives on luxury business, from a variety of soc...
Luxury as an Industry
Luxury as an Industry
The nature of luxury as an industrial sector and the boundaries of this industry are unlike most other industries. Luxury is not defined by a specific good, service, or production ...

