LEGISLATIVE SENTENCE By following a strict pattern of statutory expression and avoiding variation in sentence form, the statutory objective can be stated more easily. Each sentence should express a single thought, making it easier for the reader to comprehend the rule expressed. It is best to follow an order of development in which the sentence first identifies the person who must act followed by the action that the Act directs!. A. Legal rule-—The simplest legislative sentence consists of a legal subject and a legal action. These two parts compose the rule. In more complicated forms, a sentence may also contain exceptions, conditions and cases. qd) Legal subject. —The legal subject identifies the person required or permitted to do something or prohibited from 1. For detail discussion on this aspect refer to Practical Legislation, Composition and Language of Acts of Parliament, by ing, Legislative Drafting of State of mines, Thring, Lond, Murray, 1908 and Manual of Scanned with CamScannerdoing something. The description of the legal subject determines the person to whom the law will apply and should, therefore, be precise. Because the responsibility for legal duties, liabilities, rights, privileges and powers can reside only in a person, legal Sentences should be drafted in the personal form. It is illogical to direct a command at a “thing” because it is incapable of assuming responsibility. (2) Legal action —Legal action directs the legal subject to act in @ particular manner, describing the particular act permitted, required, limited or prohibited. The verb directs, limits or Bemis action or inaction. Selection of a proper verb to 101 Proper action is one of the greatest chall faced by the drafter. . eee B. Limitations on application—If there is a limitation for a legal action, it should be expressed as either the “case” to which the legal action is confined or as a “condition” upon which it will ‘operate. Normally, the case and condition should precede the legal subject. (1) Case.—The case sets out the facts that confine the scope of the legal rule in a given clause. Example CASE : In an emergency SUBJECT : the director ACTION : may restrict operations of a licensee. The case has indicated under what circumstances the authority granted by the legal rule may be exercised. Stating the case at the beginning of a sentence immediately notifies the reader of the rule’s limited application. if a single rule applies to different cases, it is to outline the cases after the rule. However, convenient Example : SUBJECT : The director ACTION : may restrict operatic CASES : (1) In an emergency (2) when he has been sentenced {@) when he has been adjudicated as bankrupt jons of a licensee Scanned with CamscannerUntil fulfilled, a condition suspends the a to a rule of general jon of a rule and can apply to Peat or to one restricted to certain cases. Place the condition before the rule and after the case. (2) Conditions.- Example : CASE : In an emergency : CONDITION : if the director determines that the situation threatens the life or safety of any individual RULE : the director may restrict operation of a licensee When the legal action is stated affirmatively, introduce a condition with “if” or “until”, as in the preceding example. When the legal action is stated negatively, introduce a condition with “unless” Example CASE : In an emergency CONDITION : unless the director determines that the situation threatens the life or safety of any individual RULE : the director shall not restrict operations of a licensee (3) Exception—Generally, an exception is used to exempt from the application of a law some matter that otherwise would be within the scope of the rule. The inappropriate and frequent use of exceptions, commonly in the form of “provisos” does more to confuse legislation than any other element of a legislative sentence. Exceptions should not be drafted in the form of a case or condition because this will lead to a complicated and unintelligible Act. Do not use the phrase “provided that” be accomplished with greater clarity “except” or a new sentence or clause! if the same can by using “if,” Scanned with CamScanner