Transcription of CHAPTER SIX THE RIGHT TO UNDERSTAND - …
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CHAPTER SIX THE RIGHT TO UNDERSTAND - …
1 Moore ?Short and plain statements: a pleading for plain language in legal writing (1985)Southern University Law Review 47 at at ?Writing laws: making them easier to UNDERSTAND (1992) Ottawa Law Review 495 ?Plain English in the statutes (1985) Law Institute Journal 673 at SIXTHE RIGHT TO is a fundamental principle that ordinary people should not only be given access tothe law but they should be able to UNDERSTAND it. People should be able tounderstand the laws they are expected to obey in a democracy. The general publichas an interest in being able to UNDERSTAND and follow court proceedings. It is a tritefact that when people do not UNDERSTAND the law or misunderstand it, they are lesslikely to comply with the law or exercise their rights under it. It becomes ironic whenour legal language which is part of a system designed ?for the people, by the peopleand of the people is understood least of all by those it King Edward IIIis reported to have ordered lawyers to use English in the courtroom to cure theproblem of citizens ?
9 The Australian case of Kesavarajah v R (1994) 123 ALR 463, restated the standard test governing fitness to stand trial. The majority made the following pertinent comments:?The defendant (accused) needs to understand what it is that he is charged with ...
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