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10 February 2011 / Malcolm Dowden , Jen Hawkins
Issue: 7452 / Categories: Features , Constitutional law
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Local anaesthetic

Jen Hawkins & Malcolm Dowden explain why the Localism Bill heralds false hope, not a new dawn

For a relatively brief period the previous Labour government issued “plain English” versions alongside statutes as they received royal assent. The experiment did not last. In case of discrepancy it was clear that the actual statute would be the document with legal force. Consequently, however clear the prose might be, a “plain English” version would be meaningless in the only real circumstances when it might be useful.

The coalition government has issued a “plain English guide” to its flagship Localism Bill. It suffers from a basic flaw similar to “plain English” versions of statutes. The clarity of its prose might even amplify the risk of misleading its readers.

A key element of the Localism Bill is the “community right to challenge”. The plain English guide explains: “The best councils are constantly on the look out for new and better ways to design and deliver services. Many recognise the potential of social enterprises and community groups to provide high-quality services at good value, and deliver services with

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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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