Uploaded October 2022 | Updated September 2026, 2 weeks ago
BOOK REVIEW
THORNTON’S LEGISLATIVE DRAFTING
Sixth edition
By Professor Helen Xanthaki
ISBN 978 1 52651 891 0
BLOOMSBURY PROFESSIONAL
bloomsburyprofessionallaw.com
AN IMPORTANT PURCHASE FOR THOSE INVOLVED IN STATUTORY DRAFTING
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister,” and Mediator
This is an excellent and enduring work which was first published by LexisNexis Butterworths in 1970, and now published by Bloomsbury. The late Garth Thornton stated in the fifth edition that “Thornton’s Legislative Drafting” would “continue to be of practical assistance to drafters in their demanding but exciting and useful branch of the law”.
It most certainly is. Professor Helen Xanthaki steps up to the task and has done a superb job with the new sixth edition for 2022! She writes that “the study of legislation both at an academic and a professional level has seen leaps of development.” Of interest to professionals, she concludes that “most innovations in drafting come as a result of two factors”. Spot on- here they are!
The first factor is “an understanding that drafting is phronetic”. What she means by this is that “it is a liberal science that requires a combination of theoretical knowledge and practical experience”.
The second factor is what Xanthaki describes as “a revelation of the many concepts that drafters and drafting can borrow from other disciplines, be it social sciences, behavioural sciences, advertising, or linguistics”.
Practitioners involved in drafting or amending legislation in the Commonwealth or beyond will, therefore, need a guide that will help with both the traditional and modern techniques of drafting good quality statutory law. Thus, “drafting is phronetic” which is probably a new word to many readers.
The new sixth edition of “Thornton's Legislative Drafting” is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. The author describes the lack of an absolute link between a drafting choice and its effect, “makes drafting a relative discipline”. Which means that we take both time and place to play a critical role in what works, and how it works.
It has been completely refreshed and updated and includes full coverage of contemporary drafting developments and advances. It is fully updated and alongside the detailed, learned, and professional guidance gives us examples of the best – and bad – practice!
Xanthaki also includes new chapters covering the following areas: legislation as a tool for regulation; international agreements including drafting and implementation; pre-legislative scrutiny: how to scrutinise drafts; post-legislative scrutiny; and European Union legislation including drafting and transposition.
The final word should be left with Xanthaki who concludes that “just as drafting is relative, so are legislative rules”- useful advice for counsel! She continues that “they inevitably introduce rules that, more often than not, are probably expected to lead to a good result” (We hope so). “But they are not absolute,” she concludes, but “the rules in this book are relative.” And that sums up both the charm and the value of this new edition. Thank you.
The date of publication of this new hardback sixth edition from Bloomsbury Professional is cited as 21st July 2022.
BOOK REVIEW
THORNTON’S LEGISLATIVE DRAFTING
Sixth edition
By Professor Helen Xanthaki
ISBN 978 1 52651 891 0
BLOOMSBURY PROFESSIONAL
bloomsburyprofessionallaw.com
AN IMPORTANT PURCHASE FOR THOSE INVOLVED IN STATUTORY DRAFTING
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister,” and Mediator
This is an excellent and enduring work which was first published by LexisNexis Butterworths in 1970, and now published by Bloomsbury. The late Garth Thornton stated in the fifth edition that “Thornton’s Legislative Drafting” would “continue to be of practical assistance to drafters in their demanding but exciting and useful branch of the law”.
It most certainly is. Professor Helen Xanthaki steps up to the task and has done a superb job with the new sixth edition for 2022! She writes that “the study of legislation both at an academic and a professional level has seen leaps of development.” Of interest to professionals, she concludes that “most innovations in drafting come as a result of two factors”. Spot on- here they are!
The first factor is “an understanding that drafting is phronetic”. What she means by this is that “it is a liberal science that requires a combination of theoretical knowledge and practical experience”.
The second factor is what Xanthaki describes as “a revelation of the many concepts that drafters and drafting can borrow from other disciplines, be it social sciences, behavioural sciences, advertising, or linguistics”.
Practitioners involved in drafting or amending legislation in the Commonwealth or beyond will, therefore, need a guide that will help with both the traditional and modern techniques of drafting good quality statutory law. Thus, “drafting is phronetic” which is probably a new word to many readers.
The new sixth edition of “Thornton's Legislative Drafting” is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. The author describes the lack of an absolute link between a drafting choice and its effect, “makes drafting a relative discipline”. Which means that we take both time and place to play a critical role in what works, and how it works.
It has been completely refreshed and updated and includes full coverage of contemporary drafting developments and advances. It is fully updated and alongside the detailed, learned, and professional guidance gives us examples of the best – and bad – practice!
Xanthaki also includes new chapters covering the following areas: legislation as a tool for regulation; international agreements including drafting and implementation; pre-legislative scrutiny: how to scrutinise drafts; post-legislative scrutiny; and European Union legislation including drafting and transposition.
The final word should be left with Xanthaki who concludes that “just as drafting is relative, so are legislative rules”- useful advice for counsel! She continues that “they inevitably introduce rules that, more often than not, are probably expected to lead to a good result” (We hope so). “But they are not absolute,” she concludes, but “the rules in this book are relative.” And that sums up both the charm and the value of this new edition. Thank you.
The date of publication of this new hardback sixth edition from Bloomsbury Professional is cited as 21st July 2022.
