USP Theses Collection


close this section of the library Administrative regulation drafting -- Samoa

View the PDF document Challenges faced by legislative drafters in Samoa and other USP member countries
Author: Faasau, Mary Victoria Petelõ
Institution: University of the South Pacific.
Award: LL.M
Subject: Bill drafting -- Samoa, Bill drafting -- Oceania, Administrative regulation drafting -- Samoa
Date: 2010.
Call No.: Pac KWW 4 .6 .F33 2010
BRN: 1182817
Copyright:Under 10% of this thesis may be copied without the authors written permission

Abstract: Legislative drafting is a skill which is slowly developing in the Pacific today. It is not taught in law school as a discrete subject, but one that a lawyer learns on the job. In order to improve and strengthen this skill, a drafter must focus primarily on legislative drafting, that is, forego any other legal work and specialise in legislative drafting. It is not very well known with young graduates but more preferred by experienced lawyers who are better able to solve legal problems. The purpose of this study was to identify and record an update on the challenges to legislative drafting in the Pacific. The study is focused on Samoa but reference is made to the USP member countries as a whole in order to reflect the standard of legislative drafting in the South Pacific. Because of lack of information on legislative drafting in the Pacific, the research was undertaken with the assistance of legislative drafters and other lawyers who I interviewed. This research targeted lawyers who undertake legislative drafting work in their Offices, including Parliamentary Counsel, legislative drafting advisors and various state solicitor level legislative drafters. I also attended trainings including the 2nd bi-annual Pacific Drafters Technical Forum on Legislative Drafting in October 2009 where more current challenges were discussed by Pacific legislative drafters. I also obtained assistance via email as well as library research. My own experiences as a legislative drafter are also reflected in this research. The outcomes of this research show that whereas legislative drafting as a specialised skill is recognised by Pacific governments and interests have grown in pursuing legislative drafting as a career, the challenges faced by legislative drafters in the Pacific are commonly more diverse and complex. In addition to analysing some of these challenges, this paper offers some recommendations to combating them.
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