Quasi - legislation

The term "quasi-legislation" was first employed in 1944 to describe administrative rules which do not have direct legal force such as tax concessions and Practice Notes. Over the last 15 years, their develop ment has greatly accelerated, so that many codes of practice, guide lines and rules now deal, in non-technical language, with detailed matters considered unsuitable for statutes or regulations. Recent examples include the codes of practice attached to the Police and Crimi nal Evidence Act 1984 and immigration rules issued by the Home Office.

In this succinct and thought-provoking study, Professor Ganz exam ines the apparent lack of a coherent approach towards the legal effect and constitutional implications of these informal rules. Controls over the making, interpretation and application of the rules are surveyed and their deficiencies discussed. Thus, the rationale behind the growth of quasi-legislation-that a consensual or voluntary approach is more appropriate in certain circumstances is evaluated. Criteria for the use of such rules are recommended and it is suggested that a parlia mentary committee should oversee their creation and monitor their use and impact.

This is the first book devoted to the subject of quasi-legislation and it brings a fresh perspective to the study of administrative law. It will be of particular interest to students and teachers of constitutional and administrative law as well as anyone directly or indirectly involved in the day-to-day administrative process, whether as civil servants, legis lators, lawyers or judges.