Papers and Articles

For a more comprehensive list of articles in the Loophole and the CALC Newsletter, please see the CALC catalogue in the table below

CALC Catalogue - Loophole and CALC Newsletter articles
Current edition of CALC catalogue - updated in May 2016 771k 167k
2nd edition of CALC catalogue - updated in January 2012 293k 854k
1st edition of CALC catalogue - published in the February 2011 edition of Loophole 388k 222k
2011

The Wavering Line between Policy Development and Legislative Drafting

This article by Therese Perera was published in the August 2011 issue of The Loophole.

210.18 KB

Legislative drafting in Sri Lanka

This article by Therese Perera was published in the May 2011 issue of The Loophole.

101.62 KB

A survey of users attitudes to the use of aids to understanding in legislation

This article by Peter Quiggin, PSM was published in the February 2011 issue of The Loophole.

77.89 KB

Training and Development of Legislative Counsel in Commonwealth Africa - the Way Forward

This article by Estelle Appiah was published in the November 2011 issue of The Loophole.

229.89 KB

Duncan Berry: A visionary of training in legislative drafting

This article by Dr Helen Xanthaki was published in the February 2011 issue of The Loophole.

140.42 KB

Human Rights: the Role of Legislative Counsel

This article by Daniel Lovric was published in the August 2011 issue of The Loophole.

329.34 KB

A bonfire of the criminal laws? A review of Law Commission Consultation Paper no195: Criminal liability in regulatory contexts?

This article by Kiron Reid was published in the May 2011 issue of The Loophole.

243.5 KB

The three myths of plain English drafting

This article by Daniel Greenberg was published in the February 2011 issue of The Loophole.

140.87 KB

The Language of the Law: How do we need to use language in drafting legislation?

This article by Roger Rose was published in the August 2011 issue of The Loophole.

303.56 KB

Legislative Drafting: Art, Science or Discipline?

This article by Sandra Markman was published in the November 2011 issue of The Loophole.

225.9 KB

Work methods and processes in a drafting environment

This article by Lionel A. Levert QC was published in the February 2011 issue of The Loophole.

98.39 KB

Purpose sections: Why they are a good idea for drafters and users

This article by Duncan Berry was published in the May 2011 issue of The Loophole.

178.24 KB

It's Just Your Imagination - Some Thoughts on the Role of Parliamentary Counsel in Ensuring Practicability of Legislative Instruments

This article by Sandra Markman was published in the February 2011 issue of The Loophole.

61.42 KB

Legislative Drafting in Mauritius: A Developing Discipline

This article by Sir Victor Glover was published in the August 2011 issue of The Loophole.

178.74 KB

The Role and Efficacy of Legislative Drafting in the United States: An Update on the American Drafting Process

This article by Douglass Bellis was published in the November 2011 issue of The Loophole.

228.78 KB

Shaping policy into law: A strategy for developing common standards

This article by Nick Horn was presented at the CALC Africa Region conference, Nigeria, April 2010, and was published in the February 2011 issue of The Loophole.

179.25 KB

Legislative Drafting in South Sudan

This article by William E. Kosar was published in the May 2011 issue of The Loophole.

131.7 KB

Behind-the-Scenes Actors? Towards Enhancing the Visibility of Legislative Counsel in Developing Countries

This article by Elizabeth Martha Bakibinga was published in the August 2011 issue of The Loophole.

449.7 KB

Emerging from the Shadow - Legislative Drafting in Gibraltar

This article by Paul Peralta was published in the November 2011 issue of The Loophole.

261.52 KB

Sustainable Drafting

This article by John Mark Keyes was published in the February 2011 issue of The Loophole.

87.33 KB

The virtue in an Old Act

This article by David Hull was published in the May 2011 issue of The Loophole.

94.15 KB

Testing Client Policy: The Emperor's Clothes

This article by Paul Salembier was published in the August 2011 issue of The Loophole.

266.53 KB

"High-quality" Legislation - (How) Can Legislative Counsel Facilitate It?

This article by Ross Carter was published in the November 2011 issue of The Loophole.

507.08 KB

Giving effect to policy in legislation: how to avoid missing the point

This article by Sir Stephen Laws, KCB was published in the February 2011 issue of The Loophole, and is a lecture delivered on 10 November 2010 as the Statute Law Society's Lord Renton Lecture at the Institute of Advanced Legal Studies.

137.01 KB

Duncan Berry: a full life in progress

This article by John Moloney was published in the February 2011 issue of The Loophole.

58.36 KB

The Wavering Line between Policy Development and Legislative Drafting

This article by Elizabeth Grant was published in the August 2011 issue of The Loophole.

206.44 KB

The Role and Efficacy of Legislation

This article by Sudha Rani was published in the November 2011 issue of The Loophole.

213.61 KB

Accessibility of European Union legislation

This article by William Robinson was published in the February 2011 issue of The Loophole.

176.09 KB

Short History of the Commonwealth Association of Legislative Counsel

This article by Walter Iles QC was published in the February 2011 issue of The Loophole.

106.09 KB
2010

Legislative Drafting: A Lawmaker's Perspective

This article by Margaret Ng was published in the December 2010 issue of The Loophole.

111.24 KB

The difficulties of teaching legislation to students

This article by John Burrows was published in the August 2010 issue of The Loophole, and is an edited version of a paper presented at the CALC conference, Hong Kong, April 2009.

124.02 KB

Legislative counsel and pre-legislative scrutiny

This article by Stephen Argument was presented at the CALC conference, Hong Kong, April 2009, and published in the January 2010 issue of The Loophole.

69.04 KB

The consultative process in social policy legislation: the experience of Ghana in the Property Rights of Spouses Bill

This article by Estelle Appiah was published in the August 2010 issue of The Loophole, and is an edited version of a paper presented at the CALC Africa Region conference, Nigeria, April 2010.

69.85 KB

The long march: pen and paper drafting to E-publishing law

This article by Don Colagiuri SC and Michael Rubacki was published in the August 2010 issue of The Loophole, and is an edited version of a paper presented at the CALC conference, Hong Kong, April 2009.

133.38 KB

Legalese and plain language

This article by Mark Adler was presented at the CALC conference, Hong Kong, April 2009, and published in the January 2010 issue of The Loophole.

56.08 KB

Bi-lingual Drafting in Hong Kong

This article by Tony Yen was published in the August 2010 issue of The Loophole, and is an edited version of a paper presented at the CALC conference, Hong Kong, April 2009.

51.27 KB

Keepers of the Statute Book: Lessons from the space-time continuum

This article by Janet Erasmus was presented at the CALC conference, Hong Kong, April 2009, and published in the January 2010 issue of The Loophole.

457.81 KB

Drafting Legislative Provisions: Challenges and Opportunities

This article by Vijay K Bhatia was published in the December 2010 issue of The Loophole.

92.61 KB

Legislative drafting: a judicial perspective

This article by Hon. Mr Justice Bokhary PJ was presented at the CALC conference, Hong Kong, April 2009, and published in the January 2010 issue of The Loophole.

85.96 KB

Principles-based drafting: experiences from tax drafting

This article by Daniel Lovric was published in the December 2010 issue of The Loophole.

131.76 KB

Scrutiny of legislative drafting by the Legislature: The role of the legal Advisers of the Hong Kong Legislative Council

This article by Jimmy Ma was presented at the CALC conference, Hong Kong, April 2009, and published in the January 2010 issue of The Loophole.

54.56 KB

Statutory Adjudication Under Nine Commonwealth Jurisdictions - A User's Perspective on Legislative Drafting Style

This article by NAN Ameer Ali and Dr S Wilkinson was presented at the CALC conference, Hong Kong, April 2009, and published in the December 2010 issue of The Loophole.

408.82 KB

Whose law is it? A jurilinguistic view from the trenches

This article by Lise Poirier was presented at the CALC conference, Hong Kong, April 2009, and published in the January 2010 issue of The Loophole.

70.68 KB
2009

Problems in drafting anti-terrorism laws in Australia

This article by Meredith Leigh was presented at the CALC conference, Nairobi, September 2007, and published in the June 2009 issue of The Loophole.

35.98 KB 101.84 KB

Enforcement Mechanisms (including Alternatives to Criminal Penalties)

This article by Eamonn Moran was presented at the CALC conference, Nairobi, September 2007, and published in the June 2009 issue of The Loophole.

43.29 KB 87.45 KB

The Need for Simplicity in Legislation and Challenges in its Attainment

This article by Fredrick Ruhindi MP was presented at the CALC conference, Nairobi, September 2007, and published in the June 2009 issue of The Loophole

49.6 KB 138.51 KB

Professional Responsibilities of Legislative Counsel

This article by John Mark Keyes was presented at the CALC conference, Hong Kong, April 2009, and published in the October 2009 issue of The Loophole.

154.44 KB 382.96 KB

Keeping the Statute Book up to date - a self-help guide

This article by Jeremy Wainwright was presented at the CALC conference, Nairobi, September 2007, and published in the June 2009 issue of The Loophole

61.43 KB 263.55 KB

Consistency versus Innovation

This article by Stephen Laws was presented at the CALC conference, Hong Kong, April 2009, and published in the October 2009 issue of The Loophole.

49.13 KB 111.9 KB

One Giant Leap - The Ultimate Legislation System, Available Now

This article by Ed Hicks was presented at the CALC conference, Nairobi, September 2007, and published in the June 2009 issue of The Loophole

58.2 KB 105.98 KB

Access to Legislation - the Legislative Counsel's Role

This article by Daniel Greenberg was presented at the CALC conference, Hong Kong, April 2009, and published in the October 2009 issue of The Loophole.

47.89 KB 1.08 MB

Whose Law is it? - Accessibility through LENZ

This article by Melanie Bromley was presented at the CALC conference, Hong Kong, April 2009, and published in the October 2009 issue of The Loophole.

274.11 KB 1.52 MB
2008

In support of plain law: an answer to Francis Bennion

This article by Mark Adler was presented at the CALC conference, Nairobi, September 2007, and published in the August 2008 issue of The Loophole.

229.19 KB 1.87 MB

The Role of Legislative Counsel: Wordsmith or Counsel?

This article by Stephen Laws was presented at the CALC conference, Nairobi, September 2007, and published in the August 2008 issue of The Loophole.

161.65 KB 101.55 KB

The Role of Legislative Counsel: Wordsmith or Counsel?

This article by David Hull was presented at the CALC conference, Nairobi, September 2007, and published in the August 2008 issue of The Loophole.

87.24 KB 1.35 MB

The Delegation by Parliament of its legislative powers: a South African perspective

This article by Deon Rudman was presented at the CALC conference, Nairobi, September 2007, and published in the August 2008 issue of The Loophole.

132.95 KB 1.5 MB

The impact of judicial interpretation on legislative drafting

This article by The Rt. Hon. Lady Justice Mary Arden DBE was presented at the CALC conference, Nairobi, September 2007, and published in the August 2008 issue of The Loophole.

112.71 KB 2.76 MB
2007

Henry VIII clauses: Their birth, a late 20th century renaissance and a possible 21st century metamorphosis

This article by Dennis Morris was published in the March 2007 issue of The Loophole.

479.68 KB 496.61 KB

Training and development of legislative drafters

This article by Peter Quiggin (First Parliamentary Counsel) was presented at the CALC conference, London, September 2005, and published in the July 2007 issue of The Loophole.

291.05 KB 114.37 KB

Drafting against a background of differing legal systems: Scots law and the UK statute book

This article by Colin Wilson was published in the July 2007 issue of The Loophole.

170.75 KB 19.23 KB

Democratic reform and private members' business: Shifting sands or paradigms?

This article by John Mark Keyes was published in the March 2007 issue of The Loophole.

189.54 KB 49.34 KB

Address on the organisation of drafting offices

This article by Don Colagiuri SC was presented to the CALC conference, London, September 2005, and published in the July 2007 issue of The Loophole.

237.45 KB 40 KB

Drafting against a background of differing legal systems: Canadian bijuralism

This article by Marc Cuerrier was published in the July 2007 issue of The Loophole.

325.79 KB 122.07 KB

Straddling a barbed wire fence: reflections of a gamekeeper, turned poacher, turned gamekeeping poacher

This article by Stephen Argument was presented to the Australia - New Zealand Scrutiny of Legislation Conference, Wellington, New Zealand, 31 July to 2 August 2007, and published in the October 2007 issue of The Loophole.

256.06 KB 221.95 KB

The effect of poorly written legislation in a bilingual legal system

This article by Duncan Berry was published in the March 2007 issue of The Loophole.

163.36 KB 38.43 KB

What, how, when and why-making laws easier to understand by using examples and notes

This 2005 article by Ben Piper was published in the July 2007 issue of The Loophole.

264.8 KB 109.98 KB

Statute Revision in British Columbia: Recent developments from a jurisdiction with a long history of statute revision

This article by Janet Erasmus was presented at the CALC conference, London, September 2005, and published in the October 2007 issue of The Loophole.

328.48 KB 310.91 KB

Legal briefs and lawful shorts-Are they for you?

This article by Janet E. Erasmus was published in the March 2007 of The Loophole.

190.83 KB 49.6 KB

Statutory interpretation and human rights

This article by the Rt Hon Lady Justice Arden D.B.E. was presented at the CALC conference, September 2005, and published in the July 2007 issue of The Loophole.

235.75 KB 54.17 KB

Keeping the Statute Book up-to-date - A personal view

This article by Duncan Berry was presented at the CALC conference, London, September 2005, and published in the October 2007 issue of The Loophole.

363.39 KB 296.48 KB

Polishing what others have written: the role of the European Commission's legal revisers in drafting European Community legislation

This article by William Robinson was published in the March 2007 issue of The Loophole.

205.67 KB 102.32 KB

'Challenges of drafting in a developing country'

This article by John F. Wilson was presented at the CALC conference, July 2005, and published in the July 2007 issue of The Loophole.

170.12 KB 19.84 KB

Aspects of law revision in the Commonwealth

This article by Neil Adsett was presented at the CALC conference, London, September 2005, and published in the October 2007 issue of The Loophole.

302.52 KB 770.36 KB

Legislative and Regulatory Reform Act 2006 (UK)

This article by Duncan Berry was published in the March 2007 issue of The Loophole.

186.85 KB 55.31 KB

Electronic publication of New Brunswick legislation-yesterday, today and tomorrow

This article by Judith Keating QC was presented at the CALC conference, London, September 2005, and published in the July 2007 issue of The Loophole.

201.35 KB 25.28 KB

The nature of legislative intention and its implications for legislative drafting

This article by Daniel Greenberg was presented at the CALC conference, London, September 2005, and published in the October 2007 issue of The Loophole. It was originally published in the Statute Law Review, Volume 27, No.1, 2006, pp.15-28.

261.59 KB 225.01 KB
2005

Legislative drafting in Australia, New Zealand and Ontario: Notes on an informal survey

This article by Nick Horn was first presented at the conference of the Canadian Institute for the Administration of Justice in Ottawa in September 2002. The survey was updated and the notes significantly revised in March/April 2003 for presentation at the CALC conference in May 2003. The survey and notes were further updated and published in the March 2005 issue of The Loophole.

227.14 KB 622.88 KB

Use and misuse of examples

This article by Paul O'Brien is based on a paper presented at the CALC conference, Melbourne, April 2003, and was published in the March 2005 issue of The Loophole.

53.08 KB 35.15 KB

Instant Bills: The impact of information technology (IT) on legislative drafting in Canada

This article by Don Macpherson was published in the March 2005 issue of The Loophole.

168.24 KB 71.55 KB

Notes on the information technology system (IT) used in the Australian Commonwealth Office of Parliamentary Counsel

This article by Peter Quiggin (First Parliamentary Counsel) was published in the March 2005 issue of The Loophole. The notes were handed out at the CALC conference, Melbourne, April 2003.

74.14 KB 107.37 KB

Legislative drafting training in the Hong Kong Department of Justice

This article by Duncan Berry was published in the March 2005 issue of The Loophole.

55.07 KB 26.28 KB

Some aspects of compliance with UN Security Council Resolution 1373

This article by Jeremy Wainwright was published in the March 2005 issue of The Loophole. The paper was written for presentation at the CALC conference, Melbourne, 2003, but was not presented due to a time clash.

51.67 KB 29.39 KB
2004

Developments in the delegation of legislative powers in Ireland

This article by Jonathan Buttimore was published in the 2004 issue of The Loophole.

47.52 KB 162.5 KB

Required rule-making: When do you have to make delegated legislation?

This article by John Mark Keyes was published in the 2004 issue of The Loophole.

220.79 KB 301.06 KB

Multilingualism and the authoring of laws

his article by Donald L. Revell was published in the 2004 issue of The Loophole.

284.11 KB 196.55 KB

Supporting legislative drafting in Bangladesh

This article by Lionel Levert QC was published in the 2004 issue of The Loophole.

158.81 KB 199.36 KB

Shining examples

This article by Jeffrey Barnes was published in the 2004 issue of The Loophole and is a revised and expanded version of a paper originally presented at the CALC conference in Melbourne on 17 April 2003.

182.03 KB 284.82 KB

"Union" Jack and the GM Beanstalk-A European Union fable

This article by Dennis Morris was published in the 2004 issue of The Loophole.

146.01 KB 162.6 KB
2001

The importance of getting savings and transitionals right: Two contrasting cases

This article by Duncan Berry was published in the 2001 issue of The Loophole.

72.31 KB 139.16 KB

Parliament cannot delegate its legislative power: A British constitutional reality or myth?

This article by Dennis Morris was published in the 2001 issue of The Loophole.

66.4 KB 127.61 KB

"Prince Splendid and the dream machine"-A fairytale for legislative counsel

This article by John Wilson was published in the 2001 issue of The Loophole.

38.99 KB 112.79 KB

The legislation process course run by the Australian Commonwealth Office of Parliamentary Counsel

This article by Iain McMillan and Camilla Webster was published in the 2001 issue of The Loophole.

54.71 KB 131.63 KB

The commencement conundrum: How the Fiji Islands banking system was brought to a standstill

This article by John F.Wilson was published in the 2001 issue of The Loophole.

117.47 KB 116.63 KB

Lessons for Statutory Drafters from the Florida election dispute

This article by Jack Stark was published in the 2001 issue of The Loophole.

50.05 KB 113.49 KB

A guide for effective legislative drafting instructions

This article from the Office of the Queensland Parliamentary Counsel was published in the 2001 issue of The Loophole.

168.97 KB 270.12 KB
1998

The Year 2000 Problem-A New South Wales Perspective

This article by Michael Rubacki first appeared in the 1998 issue of The Loophole.

98.11 KB 39.71 KB

Rewriting Australia's Income Tax Law

This article by Kerry Jones first appeared in the 1998 issue of The Loophole.

157.6 KB 206.56 KB

Drafting the New South Wales Duties Act 1997

This article by Michael Orpwood QC first appeared in the 1998 issue of The Loophole.

64.97 KB 70.04 KB

Opening Speeches-At the Conference Marking the 25th Anniversary of the OPC in Canberra 1995

This item first appeared in the 1998 issue of The Loophole.

141.49 KB 149.78 KB

Linguistics and Legislation: Some Comments

This article by Jonathan Woodger first appeared in the 1998 issue of The Loophole.

41.68 KB 42.88 KB

"From Time to Time"

This article by Fabian Flintoff first appeared in the 1998 issue of The Loophole.

30.92 KB 32.71 KB

Show, Don't Tell! A Graphic Approach to Amendment of Legislation

This article by Nicholas Horn was first published in The Loophole in 1998. An earlier version of this paper was given at the conference on legislative drafting hosted by OPC, 10-11 August 1995.

124.04 KB 130.34 KB

Drafting From a Blueprint

This article by Adrian Van Wierst was first published in The Loophole in 1998, and is an edited transcript of a talk given at the conference on legislative drafting hosted by OPC, 10-11 August 1995.

114.4 KB 132.87 KB
1997

Plain Language In New Zealand Tax Legislation

This article by Elizabeth A. McAra was first published in The Loophole in March 1997.

54.92 KB 67.8 KB

Techniques for Evaluating Draft Legislation

This article by Duncan Berry was first published in The Loophole in March 1997 and is based on a paper presented at the CALC conference held in Vancouver, September 1996.

186.57 KB 200.5 KB

Why Legislative Drafting Services Should Not Be Privatised

This article by Duncan Berry was first published in The Loophole in March 1997 and is based on a paper presented at the CALC conference held in Vancouver, September 1996.

42.57 KB 30.62 KB

Confidential Review of Draft Legislation By Members of Private Bar

A brief discussion of the British Columbia experience 
This article by Janet Erasmus and Ann McLean was first published in The Loophole in March 1997 and is based on a paper presented at the CALC conference held in Vancouver, September 1996.

77.56 KB 40.83 KB

Bilingual Legislative Texts and the Problem of Textual Ambiguities

This article by Suen Wai-chung was first published in The Loophole in December 1997.

114.67 KB
1995

Plain Language and Drafting in General Principles

This article by Ian Turnbull QC (former First Parliamentary Counsel) was first published in The Loophole in 1995. 

97.56 KB 143.04 KB
1990

Clear Legislative Drafting: New Approaches in Australia

This article by Ian Turnbull (former First Parliamentary Counsel) was first published on 6 October 1990.

193.87 KB 317.67 KB
1989

Efficiency in Legal Drafting

This article by Professor Robert D Eagleson was first published in the 1989 issue of The Loophole.

117.82 KB 163.73 KB
Undated

Plain Language In New Zealand Tax Legislation

This article by Elizabeth A. McAra was first published in The Loophole in March 1997.

54.92 KB 55 KB

When Does An Instrument Made Under Primary Legislation Have "Legislative Effect"?

Article by Duncan Berry.

189.2 KB 114.5 KB

Techniques for Evaluating Draft Legislation

This article by Duncan Berry was first published in The Loophole in March 1997 and is based on a paper presented at the CALC conference held in Vancouver, September 1996.

186.57 KB 115.5 KB

Bilingual Drafting in Canada

Article by Lionel A. Levert.

54.3 KB 39.15 KB

Why Legislative Drafting Services Should Not Be Privatised

This article by Duncan Berry was first published in The Loophole in March 1997 and is based on a paper presented at the CALC conference held in Vancouver, September 1996.

42.57 KB 34 KB

Hansard - Help or Hindrance? A Draftsman's View of Pepper v Hart

Article by Francis Bennion.

210.18 KB 142.91 KB

Confidential Review of Draft Legislation By Members of Private Bar

A brief discussion of the British Columbia experience 
This article by Janet Erasmus and Ann McLean was first published in The Loophole in March 1997 and is based on a paper presented at the CALC conference held in Vancouver, September 1996. 

77.56 KB 37 KB

When Does An Instrument Made Under Primary Legislation Have "Legislative Effect"?

Article by Duncan Berry.

189.2 KB 173.84 KB

Plain Language and Drafting in General Principles

This article by Ian Turnbull QC (former First Parliamentary Counsel) was first published in The Loophole in 1995. 

97.56 KB 86 KB

Bilingual Drafting in Canada

Article by Lionel A. Levert.

54.3 KB 39.15 KB

Hansard - Help or Hindrance? A Draftsman's View of Pepper v Hart

Article by Francis Bennion.

210.18 KB 105 KB