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Between the lines

08 August 2012 / Hle Blog
Issue: 7526 / Categories: Blogs
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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…”

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Issue: 7526 / Categories: Blogs
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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