Policy and the drafter: The role of the drafter in influencing the substance of policy
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.
Work published in the IALS Student Law Review is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
Those who contribute items to IALS Student Law Review retain author copyright in their work but are asked to grant two licences. One is a licence to the Institute of Advanced Legal Studies, School of Advanced Study of the University of London, enabling us to reproduce the item in digital form, so that it can be made available for access online in the open journal system and repository and website. The terms of the licence which you are asked to grant to the University for this purpose are as follows:
'I grant to the University of London the irrevocable, non-exclusive royalty-free right to reproduce, distribute, display, and perform this work in any format including electronic formats throughout the world for educational, research, and scientific non-profit uses during the full term of copyright including renewals and extensions'
The other licence is for the benefit of those who wish to make use of items published online in IALS Student Law Review and stored in the e-repository. For this purpose we use a Creative Commons licence allowing others to download your works and share them with others as long as they mention you and link back to your entry in IALS Student Law Review and/or SAS-SPACE, but they can't change them in any way or use them commercially