The Challenges and Rewards of Law Drafting in Small States

Making legislation in a small state presents some challenges, physical and operational, that are not so apparent in a large state. There are limitations on the resources available, in time, personnel, finance and technical expertise, and there might be little familiarity with the legislative process or ability to give proper drafting instructions. There are outside pressures from aid donors and regional organisations and sometimes from the metropolitan state. On the other hand, there are the rewards of being closely involved with the policy-making process and seeing a draft through to enactment more readily than in a large state. This chapter examines these contrasting aspects of the law drafter’s role in a small state. It also looks at aspects of legislative work that are particularly important in a small state. They include accessibility of texts, clarity of drafting, the value of codification of laws and the need for regular law revision and harmonisation of laws. The chapter also points to the dangers of incomplete legislation or laws that are not adequately implemented.