Being proper for legislating

This article offers an initial view on constructing an inner morality of legislating. Inspired by the framing of Lon Fuller’s theory of law, this article seeks ‘a morality that makes legislating possible’. This article builds on Fuller’s framing to identify normative directives in legislating. It aims to provide insight on how to legislate properly by aligning with contextual demands. The points normatively guide towards good practice. Each is articulated and exemplified with recent legislative history to illustrate the issue and its impact. This inner morality brings attention to five points that condition proper legislating: being cognizant of form, being attuned to questions of time, ensuring parliaments have adequate independence, making sure the legislation being produced is not precluded from its potential, and exhibiting self-scrutiny. This list is meant to be open and creates a checklist of concerns that legislators should consider to craft legislation in the best possible form.