From Policy to LawProblem Solving & Policy Development

Prof. William Kosar |   /كوسار إدوارد ويليام البروفيسورSenior Legal and Regulatory Advisor

Financial Development Project | التـنـميـة مـشــــــــروعالـمـــالـيـــة

0780 913 2064

wkosar@iraqfinsecdev.com

The making of law

What is a Program

What is Policy

What is Legislation

Policy Research

Today we will discuss:

Hierarchy of Norms

ConstitutionTreatiesLawsRegulationsInstructions

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

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

What is policy?

Public policy development & analysis is the process of applying:

a defined set of procedures & tools

to public policy problems

Bill

A bill is a proposal for a new law

INTRODUCTION TO PUBLIC POLICY

What does Public Policy mean?

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

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

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

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

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.

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

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

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

INTRODUCTION TO THE PROBLEM-SOLVING APPROACH TO LEGISLATION

What is the problem-solving approach to legislation and policy development and why is it useful?

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?”)

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

ROCCIPI

• Rule• Opportunity• Capacity• Communication• Interest• Process• Ideology

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?

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.

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

Today we discussed:

The making of law

What is a Program

What is Policy

What is Legislation

Policy Research

Questions?

لديك هل أسئله؟

EXERCISES

30

The One Minute Paper الدقيقة صفحة الواحدة• The most important thing that I learned

today was...اليوم • تعلمتها التي أهمية األمور أكثر

كان..................

• The muddiest thing still remaining at the conclusion of today’s lesson was....

نهاية • في & باقيا يزال ما الذي & غموضا األكثر األمر ............... كان اليوم جلسة