Incorporation by Reference in Legislation

Author: Keyes, John

Source: Statute Law Review, Volume 25, Number 3, 2004 , pp. 180-195(16)

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Abstract:

This article deals with an important, if somewhat controversial, drafting technique: incorporation by reference. This technique involves providing in a legislative text that material expressed elsewhere is part of the text, even though it is not reproduced in the text itself. The article describes how the technique is used. It also outlines its advantages and disadvantages and provides advice on making decisions about whether to use it.

Document Type: Research article

Publication date: 2004-01-01

More about this publication?

The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.