Principles of Legislation and Legislative Drafting

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Description
The book does a masterful job of utilizing, criticizing and extending classic and modern theories of law making in developing a network of Principles of Legislation within a well resoned conceptual perspectives. By focusing the roles, role-relationships and person-sets (in few occasions) the author likes to focus changes in macro-structural force of present complex societies in terms of network and matrices to meso level change in the law making process. The book presents a solid introduction to the current issues and debates central to legislative theories and practices with special reference to India. And all of this analytical work is done in a highly readable fashion which realizes the goal of appealing to students, teachers, legislatures, legislative counsels, practitioners, lay persons and academics.
The book divides into three parts. The first part outlines and surveys major Principales of Legislation and its development including some practical applications and problems relating to legislations. The second part addresses the techniques of Legislative Drafting. The third part contains Appendices. Teachers and Students of law, legislative counsels will find this new text a most valuable, comprehensive and systematic guide of making of law.
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Contents
Part I Principles of Legislation
Chapter 1 : Legislation-An Overview
Chapter 2 : History of Legislation
Chapter 3 : Evolution of Principles of Legislation
Chapter 4 : Criteria of Legislation
Chapter 5 : Types of Legislation
Chapter 6 : Individualism as Principle of Legislation
Chapter 7 : Utiliterianism as Principles of Legislation
Chapter 8 : Socialism as Principle of Legislation
Chapter 9 : Collectivism
Chapter 10 : Marxian Theory of Legislation
Chapter 11 : Directives as Principles of Legislation
Chapter 12 : Legislation without Legislative-Delegated Legislation
Chapter 13 : Retrospective Legislation
Chapter 14 : Codification of Law
Chapter 15 : Judicial Law Making
Chapter 16 : The Welfare State and Welfare Legislation
Chapter 17 : Public Opinion and Legislation
Chapter 18 : Penal Legislation
Chapter 19 : Science and Legislation
Chapter 20 : Principles and Interpretation of Social Legislation
Chapter 21 : Use of Legislation as State’s Tool of Power over People
Chapter 22 : Limitation of Legislation as a Tool of Change in Relation to Religion, Morality and Tradition
Chapter 23 : Legislation as a Tool of Social Change
Chapter 24 : Legislative Privileges
Part II Legislative Drafting
Chapter 25 : Legislative Drafting-Preliminary Questions
Chapter 26 : Expectations and Responsibilities of the Legislative Draftsmen and their Present Problems
Chapter 27 : Preliminary Drafting Techniques
Chapter 28 : Miscellaneous Matters of Drafting Style
Chapter 29 : Use of Words, Syntax and Punctuation in Legislative Drafting
Chapter 30 : Scrutiny of Drafting
Chapter 31 : Drafting for Amendment of Existing Legislation
Chapter 32 : General Rules of Legal Drafting
Chapter 33 : Legislative Process
Chapter 34 : Forms of Legislative Instrument
Chapter 35 : Codifying and Consolidating Acts
Chapter 36 : Legislative Drafting and Law Reforms: The Role of Indian Judiciary
Part III Appendices
Appendix 1 : The General Clauses Act, 1897
Appendix 2 : Maternity Benefit Act, 1961
Appendix 3 : The Juvenile Justice (Care and Protection of Children) Act, 2000
Appendix 4 : Rules of Procedure and Conduct of Business in Lok Sabha
Appendix 5 : Index to Reports on Committee on Subordinate Legislation of Lok Sabha
Index
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Author Details
Dr. Nirmal Kanti Chakrabarti : M.A., LL.M., Ph.D., Director, KIIT Law School. KIIT University Formerly Head, Department of Law, Calcutta University.
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