tailieunhanh - Form And Function In A Legal System - A General Study Part 10

Tham khảo tài liệu 'form and function in a legal system - a general study part 10', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 370 Cumulative and Synergistic Effects of Legal Forms opinions makes many of them more difficult for most addressees to apply than well-formed statutory rules or administrative regulations. Law in the encapsulatory form of custom is often inappropriate too. Customary law takes time to evolve whereas the nature ofthe cholera problem and many other problems required immediate preventative action. Also custom cannot respond quickly to developments in modern science. Further customary practices lack the authoritative definiteness necessary for water quality standards in due form. Imprints and Other Effects of Choices within the Form of a Rule. Assuming that the legislature chooses the preceptual form of some version of a rule or rules in which to set forth authorization of a basic regulatory program the legislature will also make further choices within this form. As we have seen the features of the overall form of a rule 1 are prescriptive and directly or indirectly permit require prohibit or otherwise guide action or ordain a state of affairs 2 have some level of generality 3 are definite in some degree 4 are at least minimally complete in their parts 5 are in structured relation as between parts 6 are duly expressed and 7 manyformal choices arerequiredhere. Imprints and other effects of such choices will be manifest in the form and the complementary content of the rules. An administrative agency to which the legislature delegates power to set regulatory standards in rules must similarly choose features of the form of such rules. The mere fact that a rule minimally qualifies conceptually as a rule and therefore has for example some level of definiteness generality and clarity hardly signifies that such minimal formal features will be appropriate for the task at hand. Usually further focused choices of formal features with complementary content will be required. The initial orienting choice of a law-making body to adopt a general legal policy of .