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will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented.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
Increased life expectancy of heart failure patients in a rural center by a multidisciplinary program
Increased life expectancy of heart failure patients in a rural center by a multidisciplinary program
Abstract
Funding Acknowledgements
Type of funding sources: None.
INTRODUCTION Patients with heart failure (HF)...
Primary PCI: a reasonable treatment for STEMI care during the COVID-19 pandemic
Primary PCI: a reasonable treatment for STEMI care during the COVID-19 pandemic
Abstract
Funding Acknowledgements
Type of funding sources: None.
Introduction
...
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...
Acccommodating co-creation in a hotel experience
Acccommodating co-creation in a hotel experience
The co-creation process within the New Zealand luxury accommodation sector has, until recently, been under researched. However, in 2016, a doctoral thesis was completed [1] with th...
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...
The young luxury consumer in Qatar
The young luxury consumer in Qatar
Purpose
This study aims to examine the factors influencing Qatari youth’s attitude toward luxury brands and intentions to purchase luxury brands. The appetite for luxury spending i...
Sustainability as Cultural Governance in Luxury Hotels: An Interpretive Case Study of Four Seasons Hotels and Resorts
Sustainability as Cultural Governance in Luxury Hotels: An Interpretive Case Study of Four Seasons Hotels and Resorts
Luxury hospitality has conventionally been framed as environmentally intensive, rendering luxury and sustainability conceptually incompatible. Recent shifts in the sector, however,...
CONSUMPTION OF AFFORDABLE LUXURY AMONG YOUNG WOMEN: THEORETICAL CONSIDERATIONS AND EMPIRICAL RESEARCH
CONSUMPTION OF AFFORDABLE LUXURY AMONG YOUNG WOMEN: THEORETICAL CONSIDERATIONS AND EMPIRICAL RESEARCH
In recent decades a new category of luxury products have emerged. It is referred to as affordable luxury or luxury for the masses. The article contains the analysis of the definiti...

