Policy and the drafter: The role of the drafter in influencing the substance of policy

Michael Habila Dauda


Abstract


Lord Henry Thring’s approach that the legislative drafter is not concerned with policy or substance but form has subsisted for long but modern realities which have made drafters’ role to overlap from the policy formulation stage to other parts of the policy process, make it glaring that this approach which is now considered a myth, cannot hold water for modern day legislative drafting in common law jurisdictions. This article uses Ann and Robert B. Seidman’s bill drafting process as criteria to compare the drafting process in UK and Nigeria and analyses how the role of drafters in both jurisdictions influence the substance of policy.


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ISSN 2053-7646 (Online) (c) 2018 Institute of Advanced Legal Studies, School of Advanced Study, University of London.
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