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Quality of legislation: an achievable universal concept or a utopian pursuit?

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Quality of legislation: an achievable universal concept or a utopian pursuit?


Choosing sides in the dilemma of realism versus utopia of the concept of quality in legislation is not a simple matter. The practice of drafting legislation extends to a wealth of experience spreading over thousands of years in time, hundreds of countries in geographical space, and hundreds of legal systems of all known families of laws. Yet this richness of tradition, this repeated Tantalian trial and error over many years and through all known ideologies, philosophies, cultures, and laws has, in practice, failed to yield wisdom on quality of legislation. What is it that makes a law “good”? What elements can be duplicated in order to recreate, again and again, on request, laws that prescribe by an accepted threshold of quality?

Xanthaki, Helen (2011) Quality of legislation: an achievable universal concept or a utopian pursuit? In: Quality of Legislation. Principles and Instruments: Proceedings of the Ninth Congress of the International Association of Legislation (IAL) . Nomos, Baden Baden, pp. 75-85. ISBN 3832952454 (Submitted)


Item Type: Book Section
Subjects: Law
Divisions: Institute of Advanced Legal Studies
Collections: IALS Staff
Depositing User:
URI: http://sas-space.sas.ac.uk/id/eprint/4854
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