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08 August 2012 / Hle Blog
Issue: 7526 / Categories: Blogs
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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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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