Drafting law in the age of AI

With a chronic shortage of legislative drafters and the often urgent need for new legislation, artificial intelligence (AI) could be an answer for overburdened professionals, despite significant drawbacks, especially in the Caribbean, where laws are not readily available online.

The new president of the Commonwealth Association of Legislative Counsel, Michelle Daley, said the issue of AI’s assistance has been an agenda item for at least two conferences of the body.

“One of the things we have been discussing for the last few conferences, is what role can AI play in the legislative drafting arena? And while it is still early, growing and evolving but it is a tool. And with every tool you need a skilled artisan to use that tool. And legislation in and of itself, or the drafting of legislation in and of itself, requires particular skill sets. And it also requires a particular understanding of the societal, economic, and other influences that permeates the jurisdiction for which you are drafting,” Daley explained.

While AI should assist drafters, she said one of the drawbacks is that, especially in the Caribbean, laws are not readily available online.

“So AI does not have that database to search and to give back the information that you need. You can use AI, for instance, in the UK (United Kingdom) where all of their laws are online, and say to it, what is the legal position on maritime law, for instance, and it can write, or generate something which should be fairly accurate. And I put fairly accurate in quotation marks because there are challenges with using AI - which could be fairly accurate - but it at least could be a great starting point for you to continue to do your research,” she told The Gleaner.

Where laws are not online, AI must search through journalism articles and opinions to provide information, which will still involve significant work by drafters. Laws on an established website would allow AI to provide close to accurate information, but care must be taken and double-checking of what is provided is critical.

“In jurisdictions where the laws are not systematically online, and you are then sending AI to search through what is more interwoven news stories that reference the legislation, as opposed to, for instance, a website that houses all of your legislation in one place. This however is not uncommon, throughout the Commonwealth, but different jurisdictions, have different challenges. And we in the Caribbean certainly have those challenges of no designated online space for laws, to make it easier for AI, and by extension the drafters,” she explained.

She cautioned, however, that while the tool can be of great use, what is produced by AI must be checked with great care.

She also said there was a weakness within the Commonwealth where legislation is enacted without enforcement, which is a waste of time. According to her, such laws simply become a useless piece of paper.

erica.virtue@gleanerjm.com