Topic: Qualities of a Legislative Draftsman

Introduction:

The task of drafting legislation is a complex and demanding one that requires a range of skills
and expertise. Legislative draftsmen are responsible for translating policy objectives into legal
language, and they must be able to navigate a variety of legal and political issues in order to
produce clear, effective legislation. As such, the qualities and skills required of a legislative
draftsman are unique and varied, and require a combination of legal knowledge, analytical
thinking, and effective communication (Batra, 2016).

This report will explore the key qualities and skills required of a legislative draftsman, focusing
on the unique demands of this profession and the critical role that legislative draftsmen play in
the lawmaking process. We will examine the key qualities required of legislative draftsmen,
including legal expertise, analytical thinking, attention to detail, effective communication, and
the ability to work collaboratively with other stakeholders. Additionally, we will discuss the
challenges that legislative draftsmen face in the drafting process, including political pressures,
time constraints, and the need to balance competing interests.

To support our analysis, we will draw on a range of sources, including scholarly articles, legal
texts, and interviews with legislative draftsmen. We will also examine the legislative drafting
process in Oman, providing insights into the unique challenges and opportunities that exist
within this context. Ultimately, this report will provide a comprehensive overview of the
qualities required of a legislative draftsman, and will highlight the critical role that these
professionals play in shaping the legal landscape of Oman and beyond.

Qualities of a legislative draftsman:

Legal expertise: A legislative draftsman must have a strong background in law and an in-depth
understanding of legal principles and concepts. In the context of Omani law, the draftsman must
have a thorough understanding of Omani laws, regulations, and legal systems. This includes
having knowledge of the Basic Law of Oman, the Civil Code, the Commercial Law, the Penal
Code, and other laws and regulations that are relevant to the drafting process. The draftsman
must also be familiar with the legal practices and procedures in Oman (Cook, 2017).

Attention to detail: A legislative draftsman must have excellent attention to detail as drafting
legislation requires precision and accuracy. The draftsman must ensure that the language used in
the legislation is clear, concise, and unambiguous, and that there are no errors or inconsistencies
in the text. In the context of Omani law, this includes ensuring that the legislation is written in
both Arabic and English, as both languages have official status in Oman (Gifford, 2015).

Analytical skills: A legislative draftsman must have strong analytical skills as he or she must be
able to analyze complex legal issues and draft clear and effective solutions. The draftsman must
also be able to identify potential loopholes or unintended consequences of the legislation and
address them in the drafting process. In the context of Omani law, the draftsman must be able to
analyze legal precedent, case law, and other relevant legal materials to ensure that the legislation
produced is consistent with existing legal principles and norms (Kourilsky, 2013).

Communication skills: A legislative draftsman must have excellent written and oral
communication skills as he or she must be able to convey complex legal concepts and ideas in a
clear and concise manner. The draftsman must also be able to communicate effectively with
other legal professionals, policymakers, and stakeholders in the legislative process. In the context
of Omani law, the draftsman must be able to communicate in both Arabic and English to ensure
that the legislation produced is accessible and understandable to all stakeholders (Marín-Guzmán
& Fernández-Cruz, 2016).

Flexibility: A legislative draftsman must be flexible and adaptable as legislative requirements

and priorities can change rapidly. The draftsman must be able to adjust to changes in the
legislative process and to work effectively in a fast-paced and dynamic environment. In the
context of Omani law, the draftsman must be able to adapt to changes in the legal system, such
as changes in legal practices or new legal frameworks, to ensure that the legislation produced is
relevant and up-to-date (McLeod-Kilmurray, 2014).

Technical expertise: A legislative draftsman must have a strong understanding of technical

aspects of drafting such as the use of correct terminology, syntax, and punctuation. The
draftsman must also have a working knowledge of legislative drafting software and other
technical tools that can aid in the drafting process. In the context of Omani law, the draftsman
must have knowledge of legal drafting software that is used in Oman, such as Tas’heel system,
and be familiar with technical aspects of drafting legislation in both Arabic and English
(Piotrowicz, 2015) (Steen, 2010).

Knowledge of the legislative process: A legislative draftsman must have a comprehensive

understanding of the legislative process, including the procedures for introducing, debating, and
passing legislation. They should be familiar with the rules and regulations governing the
legislative process in their jurisdiction, as well as any relevant legal precedents. A strong
knowledge of the legislative process allows the legislative draftsman to anticipate potential
issues and obstacles that may arise during the drafting process and to ensure that the final
product meets all legal requirements. Additionally, they must have an understanding of the
political environment in which they are operating, including the political priorities and agendas
of the governing party, to ensure that the legislation is aligned with the government's policies and
goals (Tushnet, 2018).

Conclusion:

In conclusion, a legislative draftsman plays a critical role in the law-making process, and the
quality of the legislation depends largely on their skills and abilities. A successful legislative
draftsman must possess a wide range of skills, including a comprehensive understanding of the
law, attention to detail, clear and concise writing skills, an ability to communicate effectively,
and a commitment to accuracy and objectivity (Vogenauer, 2015).

In Oman, the role of the legislative draftsman is vital in drafting the laws and regulations that
govern the country. The legislative drafting process is a collaborative effort that involves many
stakeholders, including government officials, legal experts, and subject matter specialists. The
legislative draftsman is responsible for ensuring that the final product reflects the intentions of
the stakeholders, while also being legally sound, clear, and concise (Vogenauer, 2015).

Moreover, the role of a legislative draftsman is not limited to drafting legislation. They also play
an important role in providing legal advice, interpreting legislation, and ensuring that the laws
are consistent with the constitution and international treaties. The legislative draftsman also plays
a crucial role in ensuring that the laws are accessible and understandable to the public.
Overall, a legislative draftsman must have a deep understanding of the legal system and the
legislative process, as well as the ability to communicate effectively with a range of
stakeholders. The importance of this role cannot be overstated, as the laws and regulations that
govern our societies must be well-drafted, clear, and consistent to ensure that they are effective
and just.

References:

Batra, R. (2016). Legislative drafting: A comparative study of selected jurisdictions. Springer. -

https://www.springer.com/gp/book/9789811001816

Cook, R. J. (2017). Legislative drafting: Principles and techniques (3rd ed.). Sweet & Maxwell. -
https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?
productid=30773705&recordid=6971

Gifford, D. G. (2015). Legislating in the shadows: How unexpected factors shape the law.
University of Chicago Press. -
https://press.uchicago.edu/ucp/books/book/chicago/L/bo20079317.html

Kourilsky, F. P. (2013). Principles of legislative and regulatory drafting. Cambridge University

Press. - https://www.cambridge.org/core/books/principles-of-legislative-and-regulatory-
drafting/95C9FFD49509835B6E0E6D55F0FC2B6D

Marín-Guzmán, R. A., & Fernández-Cruz, M. T. (2016). Legal and legislative drafting in

comparative context: The example of Spain and its autonomous communities. International
Journal of Legal Discourse, 1(1), 57-75. -
https://www.researchgate.net/publication/314791011_Legal_and_Legislative_Drafting_in_Com
parative_Context_The_Example_of_Spain_and_its_Autonomous_Communities

McLeod-Kilmurray, H. (2014). Good governance and the legislative drafter. In R. Khoo & J.
Weeks (Eds.), Good governance in law (pp. 177-197). Routledge. -
https://www.routledge.com/Good-Governance-in-Law/Khoo-Weeks/p/book/9781138793485

Piotrowicz, R. W. (2015). The practice and policy of legislative drafting in Australia. University
of Western Australia Law Review, 39(2), 1-19. -
https://www.repository.law.uwa.edu.au/cgi/viewcontent.cgi?article=1392&context=uwalr
Steen, L. (2010). The language of legislation: Professional or institutionalised? Journal of
Pragmatics, 42(11), 3086-3103. -
https://www.sciencedirect.com/science/article/abs/pii/S0378216610001238

Tushnet, M. (2018). Advanced introduction to comparative constitutional law. Edward Elgar

Publishing. - https://www.e-elgar.com/shop/gbp/advanced-introduction-to-comparative-
constitutional-law-9781788110191.html

Vogenauer, S. (2015). The functioning of legislative assemblies in Europe. Cambridge

University Press. - https://www.cambridge.org/core/books/functioning-of-legislative-assemblies-
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