Dimension: 1.6.4 Legislative drafting
This dimension concerns the principles of legislative drafting as they apply to all proposals for laws tabled in parliament, as well as to amendments to existing laws, delegated legislation and other legislative instruments.
Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. should be drafted in a way that is clear, viable and consistent with the existing legal framework. Good legislative drafting provides legal certainty and equality before the law, ensuring that citizens and others who might be impacted by a proposal for a law can understand the rights and obligations it establishes. It makes clear the spirit and intent of legislation, avoids any misinterpretation, loopholes and conflicting provisions, and helps MPs properly consider and debate proposals for laws as they progress through parliament.
In many cases, the executive will have access to a specialist legislative drafting office or service. It is important that legislative drafting resources are also available to MPs and political groups, including to opposition, minority-party and independent MPs, in order to help them prepare proposals for laws to be tabled in parliament.
Proposals for laws should be drafted in clear, precise and plain language, with no unnecessary jargon or expressions. Drafters should aim to ensure that citizens and others who might be impacted by a proposal for a law can understand the rights and obligations it establishes. Legislative drafts should use gender-neutral language wherever possible.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Guidance
Guidance for clear and effective legislative drafting is set out in a manual or similar document.
No 2: Analysis of legislative proposals
An analysis of the proposal for a law is documented, for instance in the form of explanatory notes accompanying the proposal, including the proposal’s practical implications, the scope and content of existing legislation on the same subject, and its respect for fundamental rights and public liberties.
No 3: Clear and plain language
Legislation is drafted in clear and plain language. Ambiguity, vagueness, contradictions and over-generality within the text and regarding other laws are avoided. Gender-neutral language is used wherever possible.
No 4: Amendment of existing legislation
Proposals for laws that amend existing legislation follow the structure and terminology of the existing legislation. Amendments are made in a logical order in the form of text inserted into the amended legislation.
No 5: Drafting resources
Specialist legislative drafting resources are available to all MPs and political groups, including to opposition, minority-party and independent MPs.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Drafting manuals, guidance and other documents
- Preliminary rationales for proposals for laws, as well as reports and impact assessments
- Evidence that legislative drafting resources, including specialists, are available to MPs
- Existing legislation, proposals for laws, amending acts, delegated legislation and other legislative instruments
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- European Union (EU), Joint Practical Guide of the European Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. , the Council and the Commission for persons involved in the drafting of European Union legislation (2015).
- Piedad García-Escudero Márquez, Manual de técnica legislativa (Cizur Menor: Thomson Reuters-Civitas, 2011).
- Maria Mousmouti, Designing Effective Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. (2019).
- New Zealand Parliamentary Counsel Office (PCO), “Principles of clear drafting”.
- United Kingdom Office of the Parliamentary Counsel (OPC), “Drafting Guidance” (2020).
- Helen Xanthaki, Thornton's Legislative Drafting (2022).
Get help with this assessment
The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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