The Form Of Legislation And The Rule Of Law

Author : Ronan Cormacain
Publisher : Hart Publishing
ISBN 13 : 1509938052
Total Pages : 0 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Form of Legislation and the Rule of Law written by Ronan Cormacain and published by Hart Publishing. This book was released on 2023-03-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : John V. Sullivan
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.69/5 ( download)

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Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Imer B. Flores
Publisher : Springer Science & Business Media
ISBN 13 : 9400747438
Total Pages : 196 pages
Book Rating : 4.32/5 ( download)

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Download or read book Law, Liberty, and the Rule of Law written by Imer B. Flores and published by Springer Science & Business Media. This book was released on 2012-09-28 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

Author : Jothie Rajah
Publisher : Cambridge University Press
ISBN 13 : 1107012414
Total Pages : 367 pages
Book Rating : 4.17/5 ( download)

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Download or read book Authoritarian Rule of Law written by Jothie Rajah and published by Cambridge University Press. This book was released on 2012-04-16 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.

Author : Richard Bellamy
Publisher : Routledge
ISBN 13 : 1351540696
Total Pages : 743 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : 401 pages
Book Rating : 4.74/5 ( download)

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Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Author : Jens Meierhenrich
Publisher : Cambridge University Press
ISBN 13 : 1108620175
Total Pages : 715 pages
Book Rating : 4.78/5 ( download)

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Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 9780521532662
Total Pages : 338 pages
Book Rating : 4.63/5 ( download)

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Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.88/5 ( download)

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Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Author : Iutisone Salevao
Publisher : ANU E Press
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.37/5 ( download)

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Download or read book Rule of Law, Legitimate Governance & Development in the Pacific written by Iutisone Salevao and published by ANU E Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the rule of law as a framework, this book recasts Western theories of law, good governance and development in a Pacific perspective.