IS REFERENTIAL LEGISLATION WORTH WHILE?

Abstract

In this article the author examines whether or not the legislative device of incorporating terms in a statute by reference to other law is worth while. First, the author sets out a definition of the term “referential legislation” and examines the history surrounding reference legislation generally. The author then discusses the extent and effect of a reference, as well as its disadvantages. He next examines additional problems created by referential legislation in federally united countries such as the United States, Canada, and Australia, and concludes by arguing that the value of referential legislation can only be determined by a competent draftsman, and cannot be determined in the abstract.