Stages of Legislative Drafting

Comprehensive practice flashcards covering the five stages of the drafting process: instructions, analysis, design, composition, and scrutiny.

What are the five stages of drafting mentioned in the text?

1. Taking and understanding instructions; 2. Analyzing instructions; 3. Designing the draft; 4. Composing the draft; 5. Scrutinizing the draft.

What activities constitute the process of taking instructions?

Conducting interviews, using checklists to ensure relevant information is obtained, listening and questioning clients, and advising the client.

What specific information should be contained within the drafting instructions?

Information on the reason for the legislation, the principal objects of the legislation, the means of achieving the principal objects, and all known implications to the proposal.

When analyzing instructions, the legislative provisions should be analyzed in relation to which three factors?

1. Existing law; 2. Practicability of the proposed law; 3. Special responsibility area.

How is the 'designing the draft' stage defined?

It is the outline or framework prepared by the drafter to assist in visualizing the shape or broad content of the enactment.

What does a drafter prepare during the 'designing the draft' stage to visualize the enactment?

A precise outline of the objectives and principles, a statement on the principal means of attaining those principles, and the structure of the draft statute (such as substantive and administrative provisions).

What occurs during the 'composing the draft' stage?

This is the actual putting of pen to paper and drafting of the document, where templates and precedents may be used.

What is the primary purpose of the 'scrutinizing the draft' stage?

To review the work done, correct errors, and ensure that the instructions given in stage one are totally captured in the document.

In the scrutinizing stage, whose involvement is considered advisable to review the work?

A trusted and qualified third party.

Which stage is described as the foundation of the drafting process?

Taking of instructions.