What does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take.
Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect.
The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.
Recenzijas
The focus of this book is the form of legislation (how it is structured, organised and expressed). As such it is highly relevant to legislative counsel. I have no hesitation in recommending it to them as not only an interesting read but a valuable source of guidance and advice. -- Eamonn Moran * The Loophole * An Intellectually stimulating monograph with deep theoretical insight combined with great potential for application. * Helen Xanthaki, University College London, UK *
Papildus informācija
Taking an academic lens to the problem of legislative drafting, this book considers what the rule of law means, in practical terms, for the way that legislation is prepared, drafted and presented.
1. Introduction
2. Accessibility of Legislation
3. Prospectivity of Legislation
4. Predictability of Legislation
5. Intelligibility
6. Constraints on Discretion
7. Equality before the Law
8. Conclusion
Ronan Cormacain is a consultant legislative counsel and an editor at the journal Theory and Practice of Legislation, UK.
