Abstract

Legislative drafting can be seen as having both artistic and scientific aspects. Legislative drafting manuals are increasingly used in the drafting of legislation. The art/science conceptions of drafting underpin many of the arguments for and against drafting manuals. Drafters from four jurisdictions were surveyed on the usefulness of drafting manuals. The results showed that manuals were more useful in the scientific aspects of drafting than in the artistic aspects. Personal experience and guidance from fellow drafters were reported as the most useful drafting resource. The conclusion drawn is that manuals can be a useful source of guidance but should not be treated as containing binding rules.

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