Drafting a law is a complex and costly business so the temptation to borrow, lock stock and barrel, from overseas precedents is great. The principle here, however, should be 'borrower beware' because the history of the diffusion of law is littered with failed legal transplants. This month, CSj looks at the advantages and hazards of legislative borrowing. The first thing on the agenda when a jurisdiction is seeking to devise, or indeed revise, a piece of legislation or regulation is a 'comparative study' -research into overseas precedents for the law in question.
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