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3.1.4.2. Ordinary References
Where a legislation is to be referred to in another, the title should be given in full
or in particular if the reference is in the title or if the other legislation has already
been cited in a short form.
References in title
Where the title of a legislation is referred to in the title of another legislation:
where both laws are enacted
by the same institution, the name of the
institution should not be repeated:
the date is omitted;
no reference is made to the Official Gazette
in which it was published;
and
no mention is made of any amending acts.
The act referred to may be cited not by its full title but by a short form with a
concise description of the subject
matter.
3.1.4.2. Enacting Clause
The Enacting Clause is usually expressed by one of the following phrases:-
“….Has issued this…….”
“….Has adopted this……”
“….Be enacted by the…..”
“….It is hereby proclaimed as follows…‟
While the
above first three expressions, being drafted in the active form,
presuppose that the enacting institution should be also
mentioned together with
these enacting clauses, the last one, however, is expressed in
the passive form,
and thus no need to mention the name of the enacting institution with it.
Almost all current proclamations being proclaimed by the House of Peoples‟
Representatives are being drafted in the 4
th
style without explicitly mentioning the
House of Peoples‟ Representatives as the enacting institution. So, unless the
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person reading one of our proclamations is aware of the enabling provision(s)
cited in the citation part, he/she can not simply know that the enacting institution of
the proclamation is, of course, the House of Peoples‟ Representatives.
Therefore, given the above
loophole in our drafting trend, it is highly
recommended to draft the enacting clause in our proclamations, too, in the active
form as follows:-
“
NOW, THEREFORE, in accordance with ……………, the House of
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