ForewordAcknowledgements1 Introduction1.1 The Problem with Legislation1.2 Giving Effect to the Rule of Law in the Form of Legislation1.3 Methodology1.4 The Rule of Law1.5 The Form of Legislation1.6 Principles for the Form of Legislation as Contained in Legislative Drafting Principles1.7 To Whom is this Book Addressed?2 Accessibility of LegislationIntroductionPart 1 The Theory of Accessibility2.1 Accessibility2.2 Accessibility of Legislation in the UK2.3 Difficulties with Providing (Electronic) Access to LegislationPart 2 Promoting Accessibility in the Form of Legislation2.4 Availability2.5 Navigability2.6 InclusivityConclusion3 Prospectivity of LegislationIntroductionPart 1 The Theory of Prospectivity3.1 The Importance of Prospectivity3.2 The Nature of Prospectivity3.3 The Nature of Retrospectivity: Janus-faced LegislationPart 2 Form of Legislation Principles for Promoting Prospectivity3.4 Explicitness About the Time Period to Which the Legislation Applies3.5 Transitional and Savings Provisions3.6 Substantive Criteria for Determining Whether Janus-faced Legislation is AcceptableConclusion4 Predictability of LegislationIntroductionPart 1 The Theory of Predictability4.1 The Nature and Importance of PredictabilityPart 2 Promoting Predictability in the Form of Legislation4.2 Determinacy4.3 Stability4.4 Clear Commencement4.5 Consistency4.6 Application in the Real World4.7 ImplementabilityConclusion5 IntelligibilityIntroductionPart 1 The Theory of Intelligibility5.1 The Importance of Intelligibility5.2 Why is Legislation Sometimes Not Intelligible?Part 2 Promoting Intelligibility in the Form of Legislation5.3 Characteristics of the User5.4 Intelligibility of Amending Legislation and of the Legislation as Amended5.5 Excessive Interconnectedness of Legislation5.6 Plain Language5.7 Easification5.8 Good Writing5.9 ExamplesConclusion6 Constraints on DiscretionIntroductionPart 1 The Theory of Constraints on Discretion6.1 Law Not Discretion6.2 But Not All Law and No DiscretionPart 2 Form of Legislation Principles for Constraining Discretion6.3 Clear Demarcation between Law and Discretion6.4 The Different Dimensions in Which Discretion Can be Constrained6.5 Rejecting Ouster Clauses6.6 Curtailing Powers for Officials to Create Exemptions from the Law6.7 Purpose Clauses6.8 Constraining the Power to Make Secondary Legislation6.9 Constraining the Power to Make Secondary Legislation: Rejecting Super-Enabling Clauses6.10 Constraining the Power to Make Secondary Legislation: Curtailing Framework Legislation6.11 Constraining the Power to Make Secondary Legislation: Rejecting Henry VIII ClausesConclusion7 Equality before the LawIntroductionPart 1 The Theory of Equality before the Law7.1 The Meaning of Equality before the Law7.2 The Chequered History of Legislation and EqualityPart 2 Form of Legislation Principles for Equality before the Law7.3 Non-gendered Legislation7.4 Offensive or Discriminatory Language More Generally7.5 Gender Impact Assessments and Equality Impact Assessments7.6 Vindicability7.7 Intelligibility and Equal Access to the Law7.8 Legislation and the Crown7.9 Legislation and the Armed ForcesConclusion8 Conclusion8.1 The Rule of Law Matters8.2 And the Form of Legislation Can Promote it8.3 Principles for the Form of Legislation Derived from the Rule of Law8.4 Justification: What Value Do these Principles Add to Society?8.5 The Why, What and How of LegislationBibliographyIndex