Explanatory Memorandum
Overview
An Explanatory Memorandum is a document that provides a detailed explanation or justification of a specific proposal, policy, or piece of legislation. It is typically used in the legislative process, particularly in parliamentary systems, to provide lawmakers and the public with a clear understanding of the intent and implications of the proposed measure. The memorandum is generally drafted by the individual or group proposing the measure and is often attached to the proposed legislation or policy for review by lawmakers and other stakeholders.
Purpose and Function
The primary purpose of an Explanatory Memorandum is to clarify the intentions and expected outcomes of a proposed measure. It provides a detailed explanation of the measure's provisions and the reasons for their inclusion. This can include a discussion of the problem or issue the measure is intended to address, the rationale for the proposed solution, and the expected benefits and potential drawbacks of the measure. The memorandum also often includes a section on the legal and regulatory implications of the measure, including any changes to existing laws or regulations that would be required.
The Explanatory Memorandum serves several important functions in the legislative process. It helps lawmakers understand the purpose and implications of the measure, facilitating informed debate and decision-making. It also provides transparency, allowing the public to understand the intentions and expected outcomes of the measure. Additionally, it can serve as a record of the legislative intent, which can be useful in interpreting and applying the law or policy once it is enacted.
Structure and Content
While the specific structure and content of an Explanatory Memorandum can vary depending on the nature of the proposed measure and the requirements of the legislative process, there are several common elements that are typically included:
- Title and Introduction: This section provides the title of the proposed measure and a brief introduction to its purpose and intent.
- Background: This section provides context for the proposed measure, including a discussion of the problem or issue it is intended to address and the rationale for the proposed solution.
- Detailed Explanation of Provisions: This section provides a detailed explanation of each provision of the proposed measure, including its purpose, how it is intended to work, and the reasons for its inclusion.
- Legal and Regulatory Implications: This section discusses the legal and regulatory implications of the proposed measure, including any changes to existing laws or regulations that would be required.
- Expected Outcomes: This section discusses the expected benefits and potential drawbacks of the proposed measure, including any evidence or research that supports these expectations.
- Conclusion: This section summarizes the key points of the memorandum and reiterates the rationale for the proposed measure.
Use in Different Jurisdictions
Explanatory Memoranda are used in various forms in many parliamentary systems around the world. For example, in the UK, Explanatory Memoranda are often attached to statutory instruments (a form of delegated legislation) to provide lawmakers and the public with a detailed explanation of the instrument's provisions and their expected impact. In the EU, Explanatory Memoranda are used to provide detailed explanations of proposed directives and regulations. In Australia, Explanatory Memoranda are attached to all bills introduced into Parliament, providing a clause-by-clause explanation of the bill's provisions.