An important feature of legislative drafting is that there is no single, universally accepted theory guiding the discipline. Rather, most writers on the subject tend to focus their research on the practice of drafting within their own jurisdictions. Consequently, comparative studies of legislative drafting across different jurisdictions are relatively uncommon.
This has resulted in limited literature that examines and compares the various approaches to legislative drafting used in different parts of the world. The root cause of the divergent legislative models in Africa can be traced to the legacy of colonial administrations.
For instance, in many Commonwealth countries, thousands of drafters were trained in the English style of legislative drafting, a tradition that continues to influence and dominate drafting practices across these nations.
In 1869, the English style of drafting itself underwent a dramatic transformation when the British Government decided to standardize legislative drafting. This change came with the establishment of the Parliamentary Counsel’s Office, with Henry Thring appointed as its first Parliamentary Counsel. This development significantly shaped and formalized the British approach to legislative drafting.
Today, many Commonwealth countries maintain drafting offices attached to their Attorney-General’s Offices, adopting systems and methodologies modeled after the British framework. As a result, these countries share similar characteristics in their legislative drafting styles and institutional structures.
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