The legislative drafter can adapt these objectives as principles in conjunction
with those enumerated in international and regional human rights
instruments for purposes of the Bill or place them, with necessary adaption,
as direct objectives in the Bill. Some of the objectives can also be moved to
the memorandum and long title of the Bill.
Section 2 is the interpretation clause. This section provides for clear
definitions which are relevant to the subject matter and repeatedly used in
the substantive text. The essence of the definition of words and terms is to
prevent ambiguity, enhance consistency in the language used and certainty
to the law. Further, technical terms and words are defined for the better
understanding of the law. Words defined include child, child marriage, victim
of child marriage, marriage, harmful practice, religious authority, traditional
leader, appropriate authority etc.
The interpretation section is also necessary to contextualise the use of words
in the text of the law for clarity in meaning, to maximise the breadth of
coverage of the law and shorten the law.
This section can be adapted by the legislative drafter to suit the legislative
style in the Member State. However, the definitions have been drafted in a
manner that makes it easy for a drafter to cut and past into the Bill without
changing much to it.
Note must be taken of the fact that some countries have an Interpretation
and General Provisions Law which defines basic and frequently used words
in legislation and therefore do not require re-defining in the Bill, for example
“Minister”, “Government” “Ministry” “Act” “prescribed” etc.
This
interpretation Law provides, amongst other things, for the amendment and
consolidation of the law with respect to the construction, application and
interpretation of written laws. This interpretation Law is, therefore, of general
application to all Acts of Parliament and defines certain words and terms
commonly used in legislation. It helps shorten legislation and enhances
consistency and harmony of the Statute Book. It, therefore, follows that if a
word is defined in this interpretation Law then the legislative drafter should
not define it in the Bill unless the intention is to give it a different meaning.
The Bill should, therefore, be drafted judiciously to take into account these
standards.
Page 10 of 78