Law-making process / Michael Zander.

Includes bibliographical references and index.

1.Legislation: The Whitehall Stage
1.1.The Preparation of Legislation
1.1.1.The Sources of Legislation
1.1.2.The Role of the Civil Servants
- The Bill Team
1.1.3.Consultation
1.1.4.Cabinet Control
1.2.Drafting Legislation
1.2.1.The Office of Parliamentary Counsel
1.2.2.The Process of Drafting
1.3.Criticism of the Quality of Drafting
1.4.What to do about the Quality of the Statute Book?
1.4.1.Plain Language Drafting
1.4.2.The Tax Law Rewrite
1.5.The `Good Law' Initiative
1.6.Final Approval Before Introduction in Parliament
2.Legislation: The Westminster Stage
2.1.The Legislative Process
2.1.1.Procedure for Public Bills
2.1.2.Royal Assent
2.1.3.Queen's or Prince's Consent
2.1.4.Private Bill Procedure
2.1.5.Hybrid Bills
2.1.6.Private Members' Bills
2.1.7.Consolidation and Statute Law Revision or Repeal
2.1.8.Special Procedure for Uncontroversial Law Commission Bills
Contents note continued: 2.1.9.Special Procedure for the Tax Law Rewrite
2.2.Legislative Committees
2.2.1.Public Bill Committees (formerly called Standing Committees)
2.2.2.First Reading Committees
2.2.3.Second Reading Committees (House of Commons)
2.2.4.Grand Committees (both Houses)
2.2.5.Select Committees on Bills
2.2.6.The Role of Departmental Select Committees in Legislation
2.2.7.Public Bill Committees
-the Case for Reform
2.3.The Role of the Bill Team
2.4.Interaction Between Interested Parties During the Legislative Process
2.5.The Time Taken by Parliamentary Debates
2.6.The Impact on Bills of the Parliamentary Process
2.6.1.How Often does the Opposition Oppose a Bill?
2.6.2.Who Moves and What Happens to Amendments?
2.7.The Composition of the House of Lords
2.8.Publication of Bills in Draft Form
2.9.Carrying-Over Legislation from One Session to Another
2.10.Control of the Length or Debates
Contents note continued: 2.11.The Parliament Acts of 1911 and 1949
2.12.Legislation in Haste
2.13.When does a Statute Come into Force?
2.14.Statutes Online
2.15.The Reach of Legislation and Devolution
2.15.1.Scotland
2.15.2.Wales
2.15.3.Northern Ireland
2.16.Delegated Legislation
2.16.1.Forms of Statutory Instruments (SIs)
2.16.2.Procedures for Creating Statutory Instruments
2.16.3.Preparation of SIs
2.17.Scrutiny of Delegated Legislation
2.17.1.Parliamentary Committees
2.17.2.Remedial Orders under the Human Rights Act 1998
2.17.3.Legislation for Northern Ireland
2.17.4.Judicial Scrutiny of Statutory Instruments
2.17.5.Delegated Legislation
- Anglo-American Comparison
2.18.Making Better Law
3.Statutory Interpretation
3.1.Interpretation is a Necessary Aspect of Communication
3.2.The Three Basic So-called `Rules' of Statutory Interpretation
3.2.1.The Literal Rule
3.2.2.The Golden Rule
Contents note continued: 3.2.3.The Mischief Rule
3.3.The Three Basic Rules Considered
3.3.1.The Dominant Rule was the Literal Rule
3.3.2.What of the Golden Rule?
3.3.3.Is the Mischief Rule any Better?
3.4.Understanding the Context: Statutes and Judicial Decisions
3.4.1.The Court Can Read the Whole Statute
3.4.2.The Court Can Read Earlier Statutes
3.5.Understanding the Context: Evidence Beyond Statutes and Judicial Decisions
3.5.1.International Conventions or Treaties
3.5.2.General Historical Background
3.5.3.Government Publications
3.5.4.Parliamentary Debates
3.5.5.Pepper V Hart
3.5.6.Pepper V Hart Considered
3.5.7.Explanatory Notes
3.6.Presumptions and Subordinate Principles of Interpretation as an Aid to Construction
3.7.Are the Rules, Principles, Presumptions and Other Guides to Interpretation Binding on the Courts?
3.8.Interpreting Bills of Rights
Contents note continued: 3.8.1.The Human Rights Act 1998: A New Rule of Statutory Interpretation
3.9.What (if any) is the Function of General Statutory Rules on Statutory Interpretation?
3.10.Do Statements of General Principle Assist?
3.11.What is the Court's Proper Function in Interpreting a Statute?
3.11.1.To Seek Out the Intention or Purpose of Parliament?
3.11.2.To Give Effect to What Parliament said, Rather than What it Meant to Say?
3.11.3.Should Interpretation Reflect Changing Times?
3.11.4.Has Membership of the European Union Changed the Principles of Statutory Interpretation?
3.11.5.Is Statutory Interpretation a form of Legislation?
4.Binding Precedent: The Doctrine of Stare Decisis
4.1.The Hierarchy of Courts and the Doctrine of Binding Precedent
4.1.1.The House of Lords and Supreme Court
4.1.2.The Court of Appeal, Civil Division
4.1.3.The Court of Appeal, Criminal Division
4.1.4.Divisional Courts
4.1.5.Trial Courts
Contents note continued: 5.4.The Values Promoted by the System of Precedent
5.5.Flexibility and Stability in the Common Law System
6.Law Reporting
6.1.The History of Law Reporting
6.2.Criticisms of the System
6.3.The Advent of Online Access to Law Reports
6.4.What Decisions are Reported?
6.5.Too Many Unreported Decisions
6.6.Restricting the Citation of Authorities
6.7.The Hierarchy of Law Reports
6.8.The Form of Law Reports
7.The Nature of the Judicial Role in Law-Making
7.1.The Personal Element in Judicial Law-Making
7.2.The Background of Judges
7.3.The Appointment of Judges
7.3.1.The Lord Chancellor Replaced by a Judicial Appointments Commission
7.3.2.Diversity on the Bench
7.3.3.A New Way of Selecting the Senior Judiciary?
7.4.Do Judges have Biases?
7.5.Should Judges be Activist?
7.6.Can Judges Undertake their Own Researches into the Law?
7.7.What the Law is and What it Ought to be
Contents note continued: 7.8.The Practical Effect of the Retrospective Impact of Common Law Decisions
7.9.Prospective Overruling as an Aid to Creative Law-Making
7.10.Legal Arguments by Non-Parties
7.11.Interaction between the Judge and the Advocate
7.11.1.The Quality of Oral Argument in the Court of Appeal
7.12.The Trend Towards Written Argument
7.13.Interaction Between the Judges and their Judicial Assistants
7.14.The Interaction Between the Judges
7.15.The Role of the Supreme Court
8.Other Sources of Law
8.1.European Union Law
8.1.1.The Institutions of the European Union
8.1.2.EU Law and the United Kingdom System
8.1.3.Parliamentary Scrutiny of European Legislation
8.2.Scholarly Writings
8.3.Custom
8.4.Quasi-legislation, Codes of Practice, Circulars, etc
9.The Process of Law Reform
9.1.The History
9.2.The English and Scottish Law Commissions
9.2.1.The White Paper
9.2.2.The Law Commissions Act 1965
Contents note continued: 9.2.3.The Commission's Method of Working
9.2.4.High Repute but Funding Problems
9.3.The Law Commission
-Modern Developments
9.3.1.The 2010 Protocol
9.4.Judicial Law-Making in the Light of the Existence of the Law Commission
9.5.The Law Commission and the Codification Project
9.6.The Law Commission and Consultation.