Codification of the Law

No.2

Sometimes I have to do work involving New York law. I'm always impressed with how their statutes are almost completely codified, automatically updated, and accessible to use - see the official site.

As far as I am aware, this occurred in New York and other US jurisdictions as a result of lobbying by lawyers representative organisations. In addition to allowing lawyers more efficiently carry on their tasks, it seems to have the added benefits of making the law somewhat more easy to navigate and making access to it more open to all, including laymen (case law excepted).

Here, we seem to have made some efforts to move in the direction of joining up related legislation. The most coherent effort to date seems to have been the Law Reform Commission's Statute Law Revision project which has sought to bring both further restatement/consolidation of related statutes on the Taxes (Consolidation) Act model; and a legislative directory. In fairness, some progress seems to have been made, e.g. see here and here.

Something which strikes me is why are we not moving to a full, online, codification of primary legislation on the New York model with one code on a particular subject which is updated automatically on the enactment of new statutes? why is a piecemeal approach being adopted instead and no proposals being made for SIs? is it all a question of resources?

Is the (almost) total Codification is possible or even desirable (nice to have housekeeping where other priorities mean its a low priority or important part of breeding respect for the law by making it open and accessible)? if so, why has it not occurred to date? and why does the Codification approach not seem to have been adopted at EU level?

Predalien

I'd agree with you that we need to update our current model. At EU level though I guess since the EU only has limited competency in how national legal systems work they wouldn't be in a position to interfere in how our legislation is organised.

johnfás

No reason why not. It's just a bloomin expensive promise to do it from the position we're currently in.

nuac

Agree with poster Much of Irish legislation is a morass.

Some of the current umemployed lawyers should be taken on on say five year contracts to tackle some of the worst area - Finance Acts, Road Traffic Acts, Housing etc

Avatargh

No reason not to do it save money I assume.

One may query why money was spent on the (excellent) legislation directory on www.irishstatutebook.ie instead, but I assume it was far cheaper.

The AG's office were supposed to do a few "restatements" and I think did one on Sale of Goods, but thats hardly as nasty as restating the Housing Acts would be.

usernamegoes

The criminal law is being looked at, albeit, for several years now.

http://www.criminalcode.ie/website/clcac/clcac.nsf/page/E1E481BE419419F3802574E3004B479A

usernamegoes

Here's the draft

http://www.justice.ie/en/JELR/Pages/draft_criminal_code

Milk & Honey

Avatargh wrote: »

No reason not to do it save money I assume.

One may query why money was spent on the (excellent) legislation directory on www.irishstatutebook.ie instead, but I assume it was far cheaper.

Hardly excellent. there was an error found it it with text being overwritten. All it is is the existing law lumped onto a database. It is not even a scan of the original. there is no highlighting of sections which have been repealed. Neither are later inserted sections identified.

Restatements are a poor substitute for what is needed. Consolidation and clarification with a common look and feel to all legislation. There has been activity such as attempts to clear out pre 1922 statutes.

There is a very long way to go and there is an ideal opportunity with so many unemployed practitioners. It would assist all aspects of commercial life and bring down legal costs.

Avatargh

Milk & Honey wrote: »

Hardly excellent. there was an error found it it with text being overwritten. All it is is the existing law lumped onto a database. It is not even a scan of the original. there is no highlighting of sections which have been repealed. Neither are later inserted sections identified.

Yes there is? That's the point of the legislation directory - i.e. the tracked updates and tables which show which sections have been repealed, which have been replaced with hyperlinks to the replacing and amending sections?

For the Planning and Development Act, 2000, for example, you can see at a glance which sections have been amended / repealed etc and by which with direct click access to the original section and the changing section.

Are we talking about the same thing?

Milk & Honey

Avatargh wrote: »

Yes there is? That's the point of the legislation directory - i.e. the tracked updates and tables which show which sections have been repealed, which have been replaced with hyperlinks to the replacing and amending sections?

When you look at the text of the Act you can't see the up to date position. Eg. repealed section in a different colour/typeface. Likewise sections not commenced, later insertions etc.

Looking up directories is a Victorian approach.

nuac

That is very unfair on the Victorians M&H.

the draughtmanship in those days was better