10Rt Hon Lord Oliver of Aylmerton, A Judicial View of Modern Legislation, (1993) 10 Stat LR 2.
5
The framers of that Act have not defined accessible, but the dual concepts of
comprehensibility and accessibility would, I suggest, indicate that they had more in
mind than merely facilitating understanding.
Lord Oliver of Aylmerton has said:
For every legislative enactment consitutes a diktat by the state to the citizen which he is not
only expected but obliged to observe in the regulation of his daily life and it is the judge and
the judge alone who stands between the citizen and the states own i nterpretation of its own
rules. That is why it is so vitally important that legislation should be expressed in language
that can be clearly unde rstood and why it should be in a form that makes it readily
accessible. Edmund Burke observed that bad laws are the worst form of tyranny. But
equally, well-intentioned laws that are badly drafted or not readily accessible are also a form
of tyranny...10
This paper attempts to identify some of the principal factors that influence the
content and design of the law and how this affects access to justice. I have not done
a comparative study of measures and practices in other jurisdictions to promote
principled law-making. However, I can offer a few observations about the New
Zealand scene along with a look at one or two other jurisdictions to try to assess
how well theory translates into practice. As the theme of this conference
provocatively asks, is it reality or just rhetoric?
Part 2
Influences on the content of legislation
8
There a number of influences on the development of legislative policy, the design
and drafting of legislation, and the implementation of legislation in New Zealand.