Deciphering Legislative Vernacular: A Study on the Challenges and Solutions
Written on June, 2020
Introduction
The lexicon of legislative language is often seen as an impenetrable domain, decipherable only by those who have extensive experience in the field. The situation becomes even more complex when considering multi-chamber legislative bodies, where different terms or identical terms with different meanings can exist in parallel. This essay aims to critically examine the complexities of legislative language and discuss an initiative that seeks to make legislative terminology more accessible and transparent to the public.
The Complexity of Legislative Language
Legislative language is notoriously difficult for the layperson to understand. This complexity is not just a by-product of legal precision; it often results from the use of specific terminology that has evolved over time within legislative chambers. Such language can act as a barrier to public understanding and engagement, undermining the democratic process. In multi-chamber systems, the complexity is compounded by the use of different terms for identical concepts, or identical terms for different concepts, across the chambers.
The Initiative: A Glossary of Legislative Terms in Brazil
To address these issues, a glossary of legislative terms was launched in Brazil. Created through a partnership between two legislative chambers, the glossary is a step towards a unified language that can be understood by both legislative experts and the general public. The glossary is described as a "living organism," continually updated and revised based on societal needs and legislative changes. Furthermore, it seeks to offer more than mere definitions; it aims to provide context, examples, and even the specific nuances attached to each term within each legislative chamber.
Challenges and Solutions
One of the significant challenges in developing the glossary was the resistance from the technical staff within the legislative body. Often, the technical team, who are experts in legislative processes, were wary of oversimplifying terms and thereby losing the nuance and specificity that the legislative process demands. The project circumvented this issue by adopting an incremental approach. The glossary was initially populated with terms that already existed in separate glossaries within each chamber, and the definitions were gradually simplified without losing their essential meaning.
Another innovation within the initiative is the inclusion of journalistic definitions. Recognising that legislative staff may struggle to simplify complex terms sufficiently, the glossary provides a dedicated space for journalists to offer even more simplified definitions, thereby catering to a broader audience.
Future Prospects
The initiative is envisioned as a continually evolving entity. Future versions of the glossary are expected to include translations into other languages, enhancing its accessibility. Furthermore, the glossary is expected to be integrated into the respective legislative websites, offering instant explanations for complex terms within articles or bills, thereby fulfilling its role as a 'living organism'.
Conclusion
The initiative to create a unified glossary of legislative terms represents a significant step towards making legislative processes more transparent and accessible. While challenges such as resistance from technical staff and the inherent complexity of legislative language exist, the project’s incremental approach and its focus on continual improvement make it a promising tool for democratic engagement. The glossary serves not merely as a repository of definitions but as an evolving platform that adapts to the needs of both legislative bodies and the public they serve. It embodies an acknowledgement that in a democratic system, the language of the legislature should not act as a barrier but as a bridge to understanding and participation.