The Form of Legislation and the Rule of Law

Foreword
Acknowledgements
Contents
1. Introduction
	1.1. The Problem with Legislation
	1.2. Giving Effect to the Rule of Law in the Form of Legislation
	1.3. Methodology
	1.4. The Rule of Law
	1.5. The Form of Legislation
	1.6. Principles for the Form of Legislation as Contained in Legislative Drafting Principles
	1.7. To Whom is this Book Addressed?
2. Accessibility of Legislation
	Introduction
	Part 1: The Theory of Accessibility
	2.1. Accessibility
	2.2. Accessibility of Legislation in the UK
	2.3. Difficulties with Providing (Electronic) Access to Legislation
	Part 2: Promoting Accessibility in the Form of Legislation
	2.4. Availability
	2.5. Navigability
	2.6. Inclusivity
	Conclusion
3. Prospectivity of Legislation
	Introduction
	Part 1: The Theory of Prospectivity
	3.1. The Importance of Prospectivity
	3.2. The Nature of Prospectivity
	3.3. The Nature of Retrospectivity: Janus-faced Legislation
	Part 2: Form of Legislation Principles for Promoting Prospectivity
	3.4. Explicitness About the Time Period to Which the Legislation Applies
	3.5. Transitional and Savings Provisions
	3.6. Substantive Criteria for Determining Whether Janus-faced Legislation is Acceptable
	Conclusion
4. Predictability of Legislation
	Introduction
	Part 1: The Theory of Predictability
	4.1. The Nature and Importance of Predictability
	Part 2: Promoting Predictability in the Form of Legislation
	4.2. Determinacy
	4.3. Stability
	4.4. Clear Commencement
	4.5. Consistency
	4.6. Application in the Real World
	4.7. Implementability
	Conclusion
5. Intelligibility
	Introduction
	Part 1: The Theory of Intelligibility
	5.1. The Importance of Intelligibility
	5.2. Why is Legislation Sometimes Not Intelligible?
	Part 2: Promoting Intelligibility in the Form of Legislation
	5.3. Characteristics of the User
	5.4. Intelligibility of Amending Legislation and of the Legislation as Amended
	5.5. Excessive Interconnectedness of Legislation
	5.6. Plain Language
	5.7. Easification
	5.8. Good Writing
	5.9. Examples
	Conclusion
6. Constraints on Discretion
	Introduction
	Part 1: The Theory of Constraints on Discretion
	6.1. Law Not Discretion
	6.2. But Not All Law and No Discretion
	Part 2: Form of Legislation Principles for Constraining Discretion
	6.3. Clear Demarcation between Law and Discretion
	6.4. The Different Dimensions in Which Discretion Can be Constrained
	6.5. Rejecting Ouster Clauses
	6.6. Curtailing Powers for Officials to Create Exemptions from the Law
	6.7. Purpose Clauses
	6.8. Constraining the Power to Make Secondary Legislation
	6.9. Constraining the Power to Make Secondary Legislation: Rejecting Super-Enabling Clauses
	6.10. Constraining the Power to Make Secondary Legislation: Curtailing Framework Legislation
	6.11. Constraining the Power to Make Secondary Legislation: Rejecting Henry VIII Clauses
	Conclusion
7. Equality before the Law
	Introduction
	Part 1: The Theory of Equality before the Law
	7.1. The Meaning of Equality before the Law
	7.2. The Chequered History of Legislation and Equality
	Part 2: Form of Legislation Principles for Equality before the Law
	7.3. Non-gendered Legislation
	7.4. Offensive or Discriminatory Language More Generally
	7.5. Gender Impact Assessments and Equality Impact Assessments
	7.6. Vindicability
	7.7. Intelligibility and Equal Access to the Law
	7.8. Legislation and the Crown
	7.9. Legislation and the Armed Forces
	Conclusion
8. Conclusion
	8.1. The Rule of Law Matters
	8.2.  and the Form of Legislation Can Promote it
	8.3. Principles for the Form of Legislation Derived from the Rule of Law
	8.4. Justification: What Value Do these Principles Add to Society?
	8.5. The Why, What and How of Legislation
Bibliography
Index