The challenges of legislative drafting in small Commonwealth jurisdictions

Abstract

It is widely accepted that many legal challenges facing small Commonwealth jurisdictions today are common to all countries, both large and small. However, it is equally true that many of these challenges are more acute and prevail to a large extent in smaller jurisdictions. Legislative drafting is one such challenge. The shortage of legislative drafting expertise impedes implementation of policies and government legislative programmes. It is quite apparent that the problems faced in small jurisdictions appear to be more acute than those of larger Commonwealth countries. This reflects the necessity for small Commonwealth states to adopt, apart from the solutions advocated to meet common challenges, special procedures, policies and infrastructure at a national level.

Notes

¹S Sharvananda, Fundamental Rights in Sri Lanka (Colombo, Sri Lanka 1993).