LGST 557
Implementation Provisions and Drafting Processes (OCW)

 

LGST 557
Implementation Provisions and Drafting Processes (OCW)

Study Materials

Module 2: Section 1

Section Preview

What are the processes for making laws and our role as legislative counsel?

In this Section, we examine the process typically followed in parliamentary jurisdictions for preparing and enacting legislation, the role played in this process by legislative counsel and how legislative counsel may be expected to contribute to the activities carried out at each stage. We are concerned mainly with the preparation of Bills, but similar stages are likely to be followed for subsidiary legislation.

Section Objectives

By the end of this Section, you should be able to do the following:

  • describe the steps by which legislative proposals in your jurisdiction are formulated and transformed into legal provisions and the procedure by which those provisions are enacted as legislation;
  • explain the functions of administrators and legislative counsel in the preparation process, both in terms of principle and in the practice of your jurisdiction;
  • give an account of the duties legislative counsel may be called on to perform at each stage of the preparation process.

Essential Questions

In this Section, we are concerned with the following questions:

  1. PREPARING A BILL
    • How is policy made?
    • What techniques are there for assessing policy?
    • How is a policy option developed into an operational scheme?
    • What Executive approval is required?
    • How are drafting instructions provided?
    • How is the legislative text prepared?
  2. ENACTING A BILL
    • How is a Bill enacted as legislation?
    • What is the role of legislative counsel during the enactment process?
  3. SUBSIDIARY LEGISLATION - HOW DOES ITS PREPARATION DIFFER?

Studying this Section

Treat this account as a model for parliamentary jurisdictions, rather than a description of what happens everywhere. You may find that a number of activities have little application in your jurisdiction. If there is no local practice to note, just make an entry to that effect.

This Section approaches the preparation of legislation in terms of 4 stages from the standpoint of legislative counsel. Stages 3 (Instructing legislative counsel) and 4 (Preparing the legislative text) are the principal concern of legislative counsel. Stage 3 is elaborated in Section 2 of this Module.

We have provided a number of documents, modelled on ones in use in some jurisdictions containing official instructions or guidelines for practice. In addition, the Appendix to this Section contains a Checklist for policy appraisal. Give these the same level of attention as the Study Text.

This Section is less concerned with writing skills than in others. You will be considering institutional arrangements, rather than the form and content of legislative texts, and how to respond to the demands those arrangements make on legislative counsel. Use this as the opportunity to find out how your system operates in comparison with the model, the extent to which it diverges from the model, and the implications of variations for legislative counsel in your jurisdiction.