Understanding and Resolving Legislative Plagiarism: A Pragmatic Approach

Plagiarism aside its demonstration of lack of competence and selfishness of the perpetrator, has the potential for a more damaging outcome when confidence and reliance is placed on a plagiarised product. This is damaging in both scientific research which purports to resolve one problem or the other and legislative proposals which seek to solve, for an entire society, one legislative problem or the other. However, unlike academic research which may still undergo rigorous peer review, many legislative proposals may be rushed in without proper review or public hearing. The result of such omissions may be an ineffective, incompatible and possibly unconstitutional law. This paper thus examines the question of legislative plagiarism by exploring when and how it may occur and what may be done to control legislative plagiarism. The paper adopts a qualitative approach and relies on extant literature and reported evidence of legislative plagiarism and their consequences. The paper finds that what may amount to academic breach of copyright occurs every day in legislative process but such is different from plagiarism and thus requires a different solution. It suggest approaches at controlling occurrence of legislative plagiarism, including use of code of ethics for drafters and legislators, while encouraging considered and researched legislative proposals that are reflective of the society, legal system and fit for purpose.



Journal Title: International Journal of Legislative Drafting and Law Reform

Category: Law

ISSN: 2050-5191

Year of Establishment: 2012

Section: Law

Volume: 9

Issue: 1

Total Download: 0

Bethel Uzoma Ihugba. 2024 Understanding and Resolving Legislative Plagiarism: A Pragmatic Approach. International Journal of Legislative Drafting and Law Reform. 9 (1). 52-65. https://doi.org/10.61955/IIBSMC

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