Introducing the Guide ‘Legislative Drafting in the Pacific Context’

Author: Teleiai Dr Lalotoa Mulitalo; Executive Director, Samoa Law Reform Commission, Samoa

Title of the Guide: “Legislative Drafting in the Pacific Context”

Launched on: Friday 14 July 2017, at the TC Beirne School of Law, The University of Queensland, Queensland, Australia
Faafetai i le Atua mo avanoa. Faafetai i talosaga molia a vasega o faafeagaiga, aiga ma uo mamae. Faafetai i le lagolago a le Malo.
I am thankful for the Greg Urwin Award, under which the writing and printing of this Guide at the University of Queensland Australia, was made possible. I am grateful for the TC Beirne School of Law, the University of Queensland Australia, for hosting my 3 months placement. It is my hope the Guide will indeed go some way towards contributing to the development of the Pacific Islands, through draft (and enacted) Parliament laws that are relevant and suitable to Pacific people. Samoa is used as a case study, but most of the discussions are applicable and may be duplicated by other Pacific Islands. The Guide is a start for future members of the legal profession to improve on, as we continue to seek the most effective drafting techniques, rules and processes to benefit Pacific Island populations.
This Guide serves two main purposes. Firstly, it is an effort to reduce the distance between the customary legal system and the state legal system, and assist the prevailing plural systems of the Pacific Islands exist alongside and accommodate each other. Secondly, it is to assist legislative drafters and law makers avoid glossing over, ‘overlooking or misinterpreting grassroots activities’ so that Pacific Islands may embrace development on the unique principles of both the modern and customary sectors. (Page 1)