Rule of Law Standard: The law should be clear

Rule of Law principle: The law should be clear

Rule of Law Standard used to audit compliance with this principle:

Publication

Law must be contained in a document which enables one to verify its status as law, by identifying the jurisdiction within which it applies (State, Province, Municipality), name of the legislative body that made the law (National Assembly, Provincial Council, municipal council) information necessary to determining its status as law (such as the fact of its assent and by whom), the date it became law, the name of the law, and its publisher, name of publication, date of publication, and internal references (such as notice number and page number).

If any single piece of the above information is missing, whether or not it amounts to law becomes unclear.

Content

The content of the law should be structured through the use of textual components: It should haveĀ  a short title that allows us to determine whether we are all talking about the same law, a Long title reflecting the purpose of the law, a Preamble where the law if long and complicated which overviews the necessity for the law and how it maybe fits in with other laws, an Index where necessary to provide information about its contents, and Textual elements in readable clear language, that are hierarchically structured, labeled numerically or alphabetically, whose relationship one to the other is further defined by paragraphing, indenting and appropriate punctuation

If any single piece of the above information is missing where it is called for, whether or not it amounts to law becomes unclear.

 

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