Statute Law Review Advance Access originally published online on November 2, 2009
Statute Law Review 2009 30(3):147-183; doi:10.1093/slr/hmp012
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European Approaches to Improving Access to and Managing the Stock of Legislation
* Edward Donelan, M.A., Barrister-at-law of the Middle Temple, London, and Kings Inns, Dublin
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Abstract |
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This paper explains what is meant by the stock of legislation, the issues associated with its management, why it is important to manage it and the different policies, institutions and tools used to ensure its accessibility, transparency and simplicity. It shows how different approaches have been adopted at different times for different purposes.
A number of tasks need to be undertaken to manage the stock of legislation in any entity or country. These are to identify the stock of legislation, to store it electronically, to review the whole of the stock to eliminate duplications and confusion caused by excessive amendments and finally to put in place institutional arrangements to maintain the stock in a well-managed format.
The paper concludes that the management of the stock of legislation is as important as the management of the flow of new legislation as a means of maintaining the quality of legislation and in turn the quality of democracy and the functioning of the rule of law.
Definitions
Given that each country has its unique terminology for similar policy tools and activities and that this is a field where law, political science and economics interact each with their own cant and jargon,1 a glossary of words and phrases is set out at the end of the paper.