domestication or amplification in the Bill. A legislative drafter can adapt
these paragraphs in a domestication clause, which can be, depending on the
style used in a Member State, drafted by domesticating the instrument by
naming it in the Memorandum and long title, by annexing the instrument to
the Bill or substantially restating its provisions in the substantive provisions
of the Bill. It is important when doing so that the full citation of the
instrument is made, that is, its correct title, date it came into force, place of
signatory, adoption and any protocols made to it.
The preamble also urges Member States to remove reservations put on
international and regional human rights instruments harmonise their laws
with such instruments and embark on legislative reforms to give effect to the
Model Law.
Therefore, the legislative drafter may use the content of the preamble to help
contextually draft domestication provisions in the Bill through citation,
definition or recital. The outlining basis of the preamble can be translated by
the legislative drafter into objects and reasons (explanatory memorandum) in
the Bill.
The preamble will also assist the legislative drafter identify relevant
legislation (those that impact on child marriage) for purposes of cross
referencing in the Bill.
5.2
Part I Preliminary Provisions
This Part deals with the preliminary aspects of the Model Law, such as the
objectives, domestication and interpretation provisions.
The objectives of the law contained in section 1 are the golden thread that
permeates the entire fabric of the substantive provisions of the Model Law
and must, therefore, conform with the rational for coming up with the law
neither should the substantive provisions conflict or be inconsistent with its
objectives.
The objectives in the Model Law have been drafted in a manner that will
assist the user to have a general idea (bird’s eye view) of the entire content of
the law for its better understanding.
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