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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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