The Instructions for Legislation in the Netherlands: A Critical Appraisal
Author: Florijn, Nico
Source: Legisprudence, Volume 4, Number 2, October 2010 , pp. 171-191(21)
Publisher: Hart Publishing
Abstract:The Dutch Instructions for Legislation are supposed to improve the quality of legislation. In this article the contents and structure of the Instructions are described. The use of the Instructions by legislative drafters and others is discussed as well. Then the question is asked whether the Instructions really have a positive effect on legislative quality. In order to be able to answer this question the issue whether law-making can be guided by rules has been debated, which resulted in criticism about a rationalistic approach to legislation. Also comments are made about the value and quality of the Instructions themselves. As there are hardly any empirical data to determine the impact of the Instructions on the quality of legislation the conclusion of this article is tentative: a positive effect of the Instructions on legislative quality is likely, even though their effect can not be determined beyond doubt.
Document Type: Research Article
Publication date: October 2010
- Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
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