Research ArticleOpen AccessGoogle Scholar indexed
Can Lessons Learned from Software Development Improve the Intelligibility of UK Legislation?
Basingstoke, UK
- 1 Basingstoke, UK
Beijing Law Review·Volume 13 (2022)·Pages 882–911·Published 31 October 2022·DOI10.4236/blr.2022.134058
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Abstract
The scope of legislation continues to increase, with a related increase in the (already large) costs of administering justice. While many countries have taken significant steps to improve the quality and accessibility of their legislation, legislation can still be difficult and time consuming to understand. This paper investigates where lessons learned in the development of software might be applied at low cost to improve the drafting and intelligibility of legislation in the United Kingdom (UK).
KeywordsDraftingLegislationSoftware
- Australian Office of the Parliamentary Counsel (2016, June). Reducing Complexity in Legislation.
- Burrows, J., & Carter, R. (2009). Statute Law in New Zealand (4th ed.). Lexisnexis.
- Cormacain, R. (2017). Legislative Drafting and the Rule of Law. Unpublished PhD Thesis, IALS (University of London).
- Developer Nation Report, 2021. https://www.developernation.net/developer-reports/de20
- Ensuring Standards in the Quality of Legislation. UK House of Commons Political and Constitutional Reform Committee, First Report of Session 2013-14.
- Fishman, C. (1996). They Write the Right Stuff. https://www.fastcompany.com/28121/they-write-right-stuff
- Good Government: Reforming Parliament and the Executive, Chapter 4, UK, January 2010.
- GOV.UK (2019). Taxonomy Principles. https://www.gov.uk/government/publications/govuk-topic-taxonomy-principles/govuk-taxonomy-principles#tagging-to-the-topic-taxonomy
- Guide to Making Legislation (2017, July). UK Cabinet Office.
- Hansard Society (2014, October). Evidence to the Speaker’s Commission on Digital Democracy (p. 5). https://www.parliament.uk/globalassets/documents/speaker/digital-democracy/Digi89-Hansard-Society.pdf
- House of Commons Justice Committee. Criminal Legal Aid. Twelfth Report of Session 2017-19 (HC 1069) Para 86.
- House of Lords Constitution Committee 15th Report (2011, July). The Process of Constitutional Change. Para 11.
- House of Lords. The Process of Constitutional Change. 15th Report of the Select Committee on the Constitution, Session 2012, Especially Paragraph 15.
- Law Commission, Presentation of New Zealand Statute Law (n 179) (2007).
- Lord Justice Haddon-Cave, English Law and Descent into Complexity, June 2021. https://www.judiciary.uk/wp-content/uploads/2021/07/ENGLISH-LAW-AND-DESCENT-INTO-COMPLEXITY-1.pdf
- Sherwin, E. (2009). Legal Taxonomy. Legal Theory, 15, 25-54. https://doi.org/10.1017/S1352325209090041
- The Government Response to the House of Lords Constitution Committee Report “The Process of Constitutional Change”, Cm 8181, September 2011.
- The House of Lords, 2000. https://publications.parliament.uk/pa/ld199900/ldjudgmt/jd000309/inco.htm