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Guideline 1


An Act must be clear, simple, and precise.

1.1

An Act must be:

  • clear, easy to understand, and unambiguous;
  • simple and concise, containing no unnecessary elements;
  • precise, leaving no uncertainty in the mind of the reader.
1.2

This common-sense principle is also the expression of general principles of law, such as:

  • the equality of citizens before the law, in that the law should be accessible and comprehensible for all;
  • legal certainty, in that it should be possible to foresee how the law will be applied.
 1.2.1.The aim in applying the principle is twofold: first, to render legislation more comprehensible; second, to avoid disputes resulting from poor drafting.
 1.2.2
The aim of comprehensibility is particularly important in respect of legal systems which are not only complex, but also multicultural and multilingual.
 1.2.3.A provision that is not clear may be interpreted restrictively or extensively by the courts, possibly in a way that does not correspond to the legislative intent. The legislator can entrust judicial discretion with the task of specifying the meaning of a provision, but this should be a conscious choice, rather than the result of a drafting mistake.
1.3.An Act must reduce the legislative intention to simple terms. As far as possible, everyday language should be used. Where necessary, clarity of expression should take precedence over style. For example, the use of synonyms and different expressions to convey the same idea should be avoided.
 1.3.1.Each sentence should have a structure that is both unambiguous and easily comprehensible, so that grammatical relationships can be understood with no undue effort.
 1.3.2.The grammatical relationship between the different parts of the sentence must be accurate and clear. A text that is grammatically correct and respects the rules of punctuation is easier to understand, and also easier to translate into other languages.
 1.3.3.Punctuation marks should be used sparingly and must serve a purpose.
1.4.There may be a conflict between the requirements of simplicity and precision. Often simplification can diminish precision. In practice, a balance must be struck so that the provision is as precise as possible, but not to the point where it becomes too difficult to understand. That balance may vary according to the addressees of the provision.

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