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iii.
Never use ambiguous expre
ssions like “means and includes”
simultaneously.
e. Avoid a
„„definition”
that states the obvious, i.e. don not give dictionary
meanings of words/terms.
f. Avoid drafting definitions that are
stuffed with substantive law, i.e. do not
place substantive provisions in the definition section.
g. Avoid definition by reference from other laws
such as higher status laws,
for example in the case of some definitions in our Regulations.
EXAMPLE:-
“Cooperative society” means an entity that has got a
definition referred to under Article 2(2)
of the Proclamation.
h.
As a rule “definitions” part should be placed in a place where it is to be
easily found. However,
Sections, Chapters, Titles, and
Parts may have
their own “definition” part, and if a definition applies to only one section of
the law, then it is appropriate to incorporate that definition in that particular
section, not in the general definition section.
i. Definitional sections and sub-sections should set forth definitions in
alphabetical order so as to facilitate easy
reference of a particular
definition.
j. Avoid using a definition that conflicts with accepted usage.
3.1.5.4. Enacting Terms
Enacting Terms are the legislative part of the law that gives effect to the
legislator‟s intent to regulate a certain matter. Enacting Terms set forth new rules
intended to be laid down by the legislature, and they must be self-contained, i.e.
without the need to have explanatory notes, or referring to the title or preamble for
their understanding.
The following parts of this section will briefly introduce the drafter with the different
types of these provisions.
a.
Scope of Application Clause
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