RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Administrative Law
Crystal clear: Clear Legislation for Improved Rule of Law
João Tiago Silveira
Julie Clement (Clarity International)
Martin Cutts (Plain Language Commission)
Joseph Kimble (Cooley Law School)
Pedro Simões (NOVA IMS) CLARO Portugal
Ongoing
Summary
The project addresses the issue of how to achieve greater clarity in legislation, considering not only the clarity of the legal text itself, but also all other available means of raising awareness of the law’s content (such as preambles, social media videos, digital tools to “translate” legal terms, and so on).
It also aims to identify global best practices and determine when such practices should be adopted.
Objectives
- To contribute to the identification of good practices in the use of plain language and other communication tools that can improve awareness of the content of new laws among all citizens of Portuguese-speaking countries;
- To contribute to the discussion and identification of global best practices on how to improve knowledge of the content of new laws, not only through plain language, but also by taking into account other communication tools.
Relevance
With regard to the use of alternatives to plain language to make laws clearer, some Portuguese-speaking countries already have relevant specific policies in place (such as plain language summaries in Portuguese and English published alongside legislation), but there is not yet a comprehensive set of consistent tools and instruments identified as good practices.
In short, the subject of how to draft legislation in plain language has not been studied as thoroughly as the general acceptance of the principle of its use, both internationally and in Portuguese-speaking countries.
There is no general identification of best practices for instruments aimed at raising awareness of the content of the law; nor is there clarity on when to use plain language and/or other tools to improve awareness of legal content in a balanced way, taking into account the different audiences targeted by the law.
Propostas:
1. Identification of global best practices for clearer legislation: (i) The current situation at national and international level regarding best practices for clear legislation; (ii) Areas of law in which clear legislation presents particular challenges or relevance; (2025/2026)
2. Prototyping, testing, and refining the best practices identified in Activity 1 through case studies involving the use or non-use of best practices, presented to different groups of stakeholders; (2026)
3. Participation in three or four international conferences with the aim of presenting the project, the information gathered on best practices for clearer legislation, and considerations regarding their use in the jurisdictions of Portuguese-speaking countries; (2025/2026/2027)
4. Use of IT to improve legislative clarity and preparation of a proof of concept; (2026/2027)
5. Publication of the final report with proposed amendments to Portuguese legislation, including the conclusion of the legal analysis in the final report on admissibility, effectiveness, and acceptability; (2027)
Events
