A Global Perspective of Standardising Statutory Writing: Lessons from the Developing World

This article tackles some of the issues affecting the evolution of standards for statutory writing (or legislative drafting), drawing examples from the developing world, in jurisdictions that the author has worked.It contains a brief history of legislative drafting standards in Uganda, Sudan, Kosovo and South Sudan.The article contains a discussion of the geo-political, cultural, socio-economic and other factors that have affected the evolution of statutory writing in the four territories mainly; colonialism/ imperialism by the British and the Ottoman Empire, the struggle for and achievement of self-determination, appreciation of rule of law, the unique characteristics of customary law, cross linguistic interference, the impact of regional integration and or globalisation, including the role of the United Nations (and its peacekeeping operations) and the European Union, the effect of development assistance programmes, law revision, the drafting styles of individual consultants and the persuasive influence of leading experts in the field of statutory writing or legislative drafting.The article concludes that there is no common standard, developing common standards is costly and time-consuming and that there is need to address other challenges that affect the work of legislative drafters in the developing world.Efforts to strengthen rule of law including through legislative strengthening programmes, in many parts of the developing world, remain high on the agenda for international development assistance.Rule of law practitioners have realised that standardising statutory writing remains one of the major challenges in implementing rule of law programmes.Developing standards in any policy area presupposes common 46 Legal Advisor, Commonwealth Secretariat and former Vice President for the Commonwealth Association of Legislative Counsel.Ms. Bakibinga can be reached