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The Form of Legislation and the Rule of Law

Autor Dr Ronan Cormacain
en Limba Engleză Paperback – 19 iun 2024
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.
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Specificații

ISBN-13: 9781509974351
ISBN-10: 1509974350
Pagini: 328
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.46 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Provides the first detailed analysis of the rule of law and the form of legislation

Notă biografică

Ronan Cormacain is a consultant legislative counsel and an editor at the journal Theory and Practice of Legislation, UK.

Cuprins

1. Introduction2. Accessibility of Legislation3. Prospectivity of Legislation4. Predictability of Legislation5. Intelligibility6. Constraints on Discretion7. Equality before the Law8. Conclusion

Recenzii

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.
An Intellectually stimulating monograph with deep theoretical insight combined with great potential for application.