The Form of Legislation and the Rule of Law

The rule of law 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 and uses deductive reasoning to determine what flows from this. It also examines how each principle can be given concrete effect.

Format: Hardback
Length: 328 pages
Publication date: 22 December 2022
Publisher: Bloomsbury Publishing PLC

The rule of law is a fundamental principle of the UK legal system, playing a crucial role in the preparation, drafting, and presentation of legislation. It is a cornerstone of the legal order and requires certain essential qualities from the legal system, such as intelligibility, predictability, and accessibility. This book delves into the meaning of these requirements for the form that legislation must take.

The author begins by examining the rule of law as the starting point and employs deductive reasoning to determine the implications for the form of legislation. Each element of the rule of law is analyzed to establish principles about the appropriate shape that legislation should take. The book then explores how these principles can be implemented concretely.

One of the unique aspects of this book is its focus on the nexus between the rule of law and the form of legislation. While much has been written about the nature and content of the rule of law, relatively little attention has been given to legisprudence, the theory and practice of legislation. This book bridges this gap by bringing these two subjects together in a detailed and innovative way.

The author examines various aspects of legisprudence, including the role of legislators, the legislative process, and the relationship between law and politics. They also explore the practical implications of these principles for the preparation, drafting, and presentation of legislation, such as the importance of transparency, accountability, and the separation of powers.

Overall, this book provides a comprehensive and insightful examination of the rule of law and its implications for the form of legislation. It is a valuable resource for scholars, policymakers, and practitioners interested in understanding the role of law in shaping society.

Weight: 656g
Dimension: 164 x 241 x 25 (mm)
ISBN-13: 9781509938056