This document discusses the process of developing public policy and legislation in Iraq. It begins by explaining the hierarchy of norms in Iraqi law, with the Constitution at the top. It then covers the definition of key concepts like the rule of law, policy, legislation, and the different types of public policies. The document outlines the problem-solving approach to developing legislation, which involves identifying the problem, explaining problematic behaviors, designing solutions, and monitoring outcomes. It provides frameworks for analyzing issues, including the ROCCIPI factors and a checklist of questions to better understand the causes of problems. The overall summary is that the document presents the process and analytical tools used in developing sound public policy and legislation according to the Iraqi legal system.

1. From Policy to Law
Problem Solving & Policy Development
Prof. William Kosar |
Senior Legal and Regulatory Advisor
Financial Development Project |
 0780 913 2064
wkosar@iraqfinsecdev.com

2. The making of law
What is a Program
What is Policy
What is Legislation
Policy Research
Today we will discuss:

3. Hierarchy of Norms
Constitution
Treaties
Laws
Regulations
Instructions

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. 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

7. What is policy?
 Public policy development &
analysis is the process of applying:
 a defined set of procedures &
tools
 to public policy problems

10. Bill
 A bill is a proposal for a new law

11. INTRODUCTION TO PUBLIC
POLICY
What does Public Policy mean?

12. 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

13. 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

14. 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

15. 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

16. 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.

17. Policies
• Language –
• Administrative – enforcing traffic laws
• Legislative – written statutes
• Executive – executive
orders, vetoes, appointments
• Judicial – deciding to hear a
case, interpreting the law, written decisions
• nondecisions

18. 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
2. 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
3. Policy is complex in that it takes place on multiple levels
4. Policy is an analytic category used by researchers and
social scientists who study government activity

20. 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

21. INTRODUCTION TO THE
PROBLEM-SOLVING APPROACH
TO LEGISLATION
What is the problem-solving approach to
legislation and policy development and
why is it useful?

22. 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?”)

23. 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

24. ROCCIPI
• Rule
• Opportunity
• Capacity
• Communication
• Interest
• Process
• Ideology

25. Checklist of questions for identifying
problematic behaviours:
1. What are the overt manifestations of the
problem?
2. Who is directly affected by the manifestations?
3. Where is it happening?
4. When is it happening?
5. Whose behavior causes or contributes to the
problem directly?
6. Whose behavior causes, contributes to, or
permits the problem indirectly?

26. 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.

27. 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

28. Today we discussed:
 The making of law
 What is a Program
 What is Policy
 What is Legislation
 Policy Research

29. Questions?

30. EXERCISES
30

31. The One Minute Paper
• The most important thing that I learned
today was...
•
• The muddiest thing still remaining at the
conclusion of today’s lesson was....
•