Legislation, legislative drafting and the rule of law

Abstract

The concept of legislation against the rule of law only makes sense if there is a nexus between legislation and the rule of law. There is a duality to the rule of law. It is the principle that we are all subject to law, as well as the set of values that the ideal legal system ought to possess. Legislation is the most effective and important source of law. If the rule of law is to have effect, it must be reflected in the form and content of legislation. Those charged with drafting legislation have the skills, the opportunity and the ethical obligation to give effect to the rule of law in legislation.