header-logo header-logo

08 August 2012 / Hle Blog
Issue: 7526 / Categories: Blogs
printer mail-detail

Between the lines

HLE blogger James Wilson analyses a legislation lament

"Thomas Pascoe in The Telegraph gives a familiar layperson’s lament about the amount and complexity of legislation in the UK (“Britain Unleashed: We need simple, clear laws—not evasive, ambiguous jargon that erodes freedom”, 24 July 2012). He complains that since the Second World War: ‘Legislation has become more ambiguous and full of clauses, warrants and exemptions as time has gone by. This is largely because politicians have incorporated the evasive language of their television appearances into their legislating.’

Mr Pascoe is right to say that the substantially increased amount of legislation of the past few decades was at least partially a reaction to the Second World War. Indeed, it might be argued that nothing less than the whole raison d’être of the state itself was fundamentally and irrevocably altered by both of the world wars, together with the intervening Great Depression.

In 1910, the welfare state was in its infancy, much of the country lived in abject poverty, industry was wholly privately owned and employment rights protection was minimal to say the least. It was because the state felt no option other than to commit itself to ‘total war’—where all economic activity was to be directed to the war effort—that it intervened in so many aspects of life. The modern regulatory state was thereby born.

The regulatory state was extended by the need to reprise total war in the Second World War, and extended further still by the need to rebuild the country afterwards. Two world wars had left the electorate demanding fundamental changes to society, reflected in the victory of Attlee’s government with its programme of social reforms requiring unprecedented levels of state intervention.

Mr Pascoe is on shakier ground, however, with his proposals as to how the complexity of modern legislation might be remedied. He argues: ‘It is absolutely crucial that in future laws are drafted in such a way that they make clear to anyone reading what is contained.’

Unfortunately, such a measure would require an impartial body to vet the language in which legislation is phrased…”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7526 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll