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Legislation, a Suitable Case for Policy: Building blocks for a operational theory of legislation
Legal norms, if you like them or not, make the behaviour of fellow people and governments more predictable, as well as providing some certainty in social life which may lead to fewer conflicts. This predictability and legal security are main conditions for undertaking and attempting the risks of life. Therefore, it is important that (new) statutes show some continuity that will function in conformity with the embedded norms. However, it appears to be very difficult to predict how draft statutes will function once they have become enacted statutes, and under which conditions they will operate best. Legislation is considered to be (and to have always been) the juridical vehicle of policy. In preparing legislation, the legislator has to understand what is necessary for compliance in terms of clarity of norms, necessary material means, and means for 'human' enforcement (and control). An effective legislator is an empathetic legislator. In this book a model of the process of legislation is developed, from the idea of making a law (the political and policy part) to its 'end'-attaining the intended societal goals (the social part). As much as possible, building blocks have been set in this study based on evidence. This rather elaborate model for analysis may serve a better understanding of the working of legislation to achieve more effective legislation, and as an instrument for new research and new studies. [Subject: Politics, Legislative Studies]Ë?
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Legislation, a Suitable Case for Policy: Building blocks for a operational theory of legislation
Legal norms, if you like them or not, make the behaviour of fellow people and governments more predictable, as well as providing some certainty in social life which may lead to fewer conflicts. This predictability and legal security are main conditions for undertaking and attempting the risks of life. Therefore, it is important that (new) statutes show some continuity that will function in conformity with the embedded norms. However, it appears to be very difficult to predict how draft statutes will function once they have become enacted statutes, and under which conditions they will operate best. Legislation is considered to be (and to have always been) the juridical vehicle of policy. In preparing legislation, the legislator has to understand what is necessary for compliance in terms of clarity of norms, necessary material means, and means for 'human' enforcement (and control). An effective legislator is an empathetic legislator. In this book a model of the process of legislation is developed, from the idea of making a law (the political and policy part) to its 'end'-attaining the intended societal goals (the social part). As much as possible, building blocks have been set in this study based on evidence. This rather elaborate model for analysis may serve a better understanding of the working of legislation to achieve more effective legislation, and as an instrument for new research and new studies. [Subject: Politics, Legislative Studies]Ë?
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Legislation, a Suitable Case for Policy: Building blocks for a operational theory of legislation

Legislation, a Suitable Case for Policy: Building blocks for a operational theory of legislation

by PhD Jason Lillis
Legislation, a Suitable Case for Policy: Building blocks for a operational theory of legislation

Legislation, a Suitable Case for Policy: Building blocks for a operational theory of legislation

by PhD Jason Lillis

Overview

Legal norms, if you like them or not, make the behaviour of fellow people and governments more predictable, as well as providing some certainty in social life which may lead to fewer conflicts. This predictability and legal security are main conditions for undertaking and attempting the risks of life. Therefore, it is important that (new) statutes show some continuity that will function in conformity with the embedded norms. However, it appears to be very difficult to predict how draft statutes will function once they have become enacted statutes, and under which conditions they will operate best. Legislation is considered to be (and to have always been) the juridical vehicle of policy. In preparing legislation, the legislator has to understand what is necessary for compliance in terms of clarity of norms, necessary material means, and means for 'human' enforcement (and control). An effective legislator is an empathetic legislator. In this book a model of the process of legislation is developed, from the idea of making a law (the political and policy part) to its 'end'-attaining the intended societal goals (the social part). As much as possible, building blocks have been set in this study based on evidence. This rather elaborate model for analysis may serve a better understanding of the working of legislation to achieve more effective legislation, and as an instrument for new research and new studies. [Subject: Politics, Legislative Studies]Ë?

Product Details

ISBN-13: 9789462403093
Publisher: Wolf Legal Publishers
Publication date: 07/01/2016
Pages: 140
Product dimensions: 6.10(w) x 9.40(h) x 0.40(d)

Table of Contents

Preface 1

Table of contents 3

Chapter 1 On theories of legislation 5

Chapter 2 Introduction to this operational theory 23

2.1 A frame for an operational theory of legislation 23

2.2 The concept of 'working' 27

2.3 The structure of this study 29

Chapter 3 Motives and causes for legislation 31

3.1 Functions of rules 31

3.2 The political context of legislation 37

3.3 Policy and legislation 42

Chapter 4 Preparation of legislation and goal attainment 47

4.1 Introduction 47

4.2 Preparation of legislation: a process of scoring 47

4.3 Preparation of legislation; a process of translating 49

4.4 Preparation of legislation: a process of consulting and attuning 52

4.5 The draft as a compromise between rationalities 55

4.6 Preparation of legislation: a rational process? 56

4.7 Certainty and uncertainty 58

4.8 Preparation of legislation and goal attainment 61

Chapter 5 The (draft) statute and goal attainment 63

5.1 Choices in norms 63

5.2 The rational citizen? 69

5.3 Nudges 75

5.4 Quality of legislation 77

Chapter 6 Accompanying measures and goal attainment 81

Chapter 7 Execution of statutes and goal attainment 83

Chapter 8 Control, enforcement and goal attainment 89

8.1 Introduction 89

8.2 Control 89

8.3 Enforcement 93

Chapter 9 Legal protection and goal attainment 97

Chapter 10 Social Field and goal attainment 101

Chapter 11 Compliance and goal attainment 103

Chapter 12 Goal attainment 105

12.1 Problems of 'goal attainment' 105

12.2 Results of the meta-analysis 106

Chapter 13 An effective legislator is an empathetic legislator 109

13.1 On the micro level 109

13.2 On the macro level 110

Appendix 1 Ex post evaluations and the meta-analysis 113

Appendix 2 The Dutch legislative process 119

Literature 123

About the author 135

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