Prof William Kosar: From Policy to Law (English & Arabic)


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Workshop on how laws progress from Policy to Law using the Problem Solving Method

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Prof William Kosar: From Policy to Law (English & Arabic)

  1. 1. From Policy to Law Problem Solving & Policy Development Prof. William Kosar | Senior Legal and Regulatory Advisor Financial Development Project |  0780 913 2064
  2. 2. Today we will discuss: The making of law What is a Program What is Policy What is Legislation Policy Research
  3. 3. Hierarchy of Norms Constitution Treaties Laws Regulations Instructions
  4. 4. The Making of a Law  The making of law is arguably the most important activity of government  Iraq’s system of responsible parliamentary government is based on the rule of law  This means that laws must be made in conformity with the Constitution •
  5. 5. Definition of Rule of Law • Lots of academic disagreement but certain concepts universally accepted: •  Constitutionalism  Law Governs the Government  Law Must Be Fairly & Consistently Applied  Law is Transparent & Accessible  Application of the Law is Efficient & Timely (Due Process)     Property Rights are Protected Human Rights are Protected The Law is Capable of Change Independent Judiciary
  6. 6. What is policy?  Public policy development & analysis is the process of applying:    a defined set of procedures & tools to public policy problems  
  7. 7. Bill   A bill is a proposal for a new law
  8. 8. What does Public Policy mean? INTRODUCTION TO PUBLIC POLICY
  9. 9. Harold Lasswell  Lasswell argued that the science of policy had 3 distinct characteristics that set it apart from other disciplines:   it would/should be: 1.Multi-disciplinary 2.Problem solving 3.Normative
  10. 10. Multi-Disciplinary 1. Policy sciences would break from the narrow study of political institutions and structures & embrace the work and findings of fields such as sociology, economics, law & politics
  11. 11. Problem Solving 2. Policy science would adhere to a strict canon of relevance, orienting itself towards the solution of real world problems & not engaging in purely academic & often sterile debates
  12. 12. Normative 3. Policy science should not be cloaked in the guise of “scientific objectivity”, but should recognize the impossibility of separating goals and means, or values and techniques, in the study of government actions
  13. 13. Conceptualizing Public Policy  a policy statement is the intent of the government to do something about some issue  a policy action is what an agency does to accomplish the goals identified in the statement  a policy result is what happens in the environment following the agency’s efforts to achieve the goal identified in the statements.
  14. 14. Policies • Language – • Administrative – enforcing traffic laws • Legislative – written statute • Executive – executive orders, vetoes, appointments • Judicial – deciding to hear a case, interpreting the law, written decisions • Nondecisions
  15. 15. Other Distinctions Regarding Policy 1. Public policies are constantly changing as they're shaped and reshaped modified and changed and sometimes rejected for new policies 1. Public policy must be inferred from the actions and behavior of the many government agencies and officials involved in policy making over time 2. Policy is a process, or an historical series of intentions, actions, it is not something that can be captured by pulling out a single event or decision 2. Policy is complex in that it takes place on multiple levels 2. Policy is an analytic category used by researchers and social scientists who study government activity
  16. 16. Policy Research  At this stage you are gathering information   Policy development should begin from an informed base, incorporating knowledge about the policy problem  Need a clear understanding about what activities are currently being undertaken to address the area  How the issue is approached in other jurisdictions 
  17. 17. What is the problem-solving approach to legislation and policy development and why is it useful? INTRODUCTION TO THE PROBLEMSOLVING APPROACH TO LEGISLATION
  18. 18. Introduction to the Problem-Solving Approach to Legislation  The drafter as someone who can guide policymakers through the policy development and problem-solving processes (in answer to the question  “If the drafter’s role is separate from policymaking, why should the drafter learn policy development?”)
  19. 19. ROCCIPI—7 Factors • The legislative problem-solving approach uses 7 analysis factors to help explain why the problem is occurring • Each factor focuses on one aspect of a behavior and asks questions that will lead to a better understanding of the problem and more meaningful policy responses
  20. 20. ROCCIPI • • • • • • • Rule Opportunity Capacity Communication Interest Process Ideology
  21. 21. Checklist of questions for identifying problematic behaviours: 1. What are the overt manifestations of the problem? 1. Who is directly affected by the manifestations? 1. 2. 3. Where is it happening? When is it happening? Whose behavior causes or contributes to the problem directly? 1. Whose behavior causes, contributes to, or permits the problem indirectly?
  22. 22. How existing law may explain behaviour • Why do people behave as they do in the face of a rule of law? • In reality, people behave as they do, not in the face of a rule, but of a whole cage of laws. • Suppose that, despite a law forbidding it, people pollute the rivers. On its face, the law's provisions may suggest several explanations for that behavior.
  23. 23. Introduction to the Problem-Solving Approach to Legislation The 4 steps of the problem-solving approach 1. Identify the problem 2. Explanations for the behaviour 3. Designing solutions 4. Monitoring & Evaluation – – – –
  24. 24. Today we discussed:  The making of law  What is a Program  What is Policy  What is Legislation  Policy Research
  25. 25. Questions?
  26. 26. EXERCISES 30