Legislative Strengthening Program (LSP): Effectively Implementing Policy Through Law

Laws are tools for ordering economic and social activities in a country, designed to solve or prevent problems, or to promote welfare. Policy making or formulation is the process whereby the objectives of governmental action and laws are established. It involves selecting and prioritizing the issues to be addressed, and then determining how to handle them. Objectives for major legislative initiatives usually originate in a Government Program, which is developed and elaborated through electoral and political processes. The Government Program reflects the positions and interests of the governing party and starts with party platforms. It should be based on a meaningful assessment of the long-term and general needs of the society, not focusing on special interests or parochial positions of powerful sectors of society. The Government Program is not neutral, as it is developed through political and ideological processes. However, it should be professional and not excessively based on ideology or partisan interests. Ministries have a key role to play in formulating and implementing the Government Program, contributing to policy development and implementation through design of legislative solutions and participation in the legislative drafting process. Legislative solutions are more likely to be sound when subjected to honest and transparent debate. Public discourse in a pluralist setting is one of the best ways to test legislative solutions. Institutions that play a key role in this process include the media, trade unions, think tanks, professional associations, the legal profession, the academic community, and civil society. The degree of separation between policy making and legislative drafting varies between countries. In some countries, there is excessive demarcation, while in others the tasks are excessively merged. It is best practice to take fundamental decisions regarding policy before a law is drafted. Ministries, Ministerial Committees, and the Government Office can be responsible for this process, based upon the Government Program. The initiators or proponents of laws have a crucial role to play in developing policy and laying the foundation for its proper implementation. They are responsible for determining what the new law should do, demonstrating that this is necessary and appropriate, building consensus, and ensuring that the final version of the new law and the mechanisms for its implementation are sound, practical, and viable. The legislative drafting process involves collaboration with legislative drafters and parties who will mark up the law. Effective communication, meaningful consultation, sound information management, and constant attention to the structure and content of the law are essential. The goal is to combine sound policies, accurate drafting, and productive review to produce a good law. In some countries, individual legislators, a minimum number of legislators, specific institutions, or even the general public have the right of legislative initiative. Policy formulation under these circumstances is oriented towards the specific issue being addressed and depends greatly upon the capacity and positions of the parties most directly involved. Ultimately, policies must be professionally designed, through problem-solving exercises, and seek practical solutions. They must be subjected to informed debate and be based on accurate information, a sound understanding of the real situation, and clear planning concerning what authorities can and have to do.