Designing Effective Legislation
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Designing Effective Legislation

Maria Mousmouti

What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.
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Chapter 5: The implementation of the law: results, impact and effectiveness

Maria Mousmouti

Abstract

Results are real life outcomes of legislation. Legislation is a ‘blind shot’ if there is no knowledge on how it operates in real life. Yet what kind of results does legislation produce? How can these be anticipated and measured? When, how and by whom? And what does the lawmaker need to do? Effective lawmaking requires clearly defined results and where possible measurable targets, a smart mix of monitoring, review and evaluation clauses integrated in legislation, conscious learning from the results of previous monitoring and evaluation, and a validation of the knowledge to be gained by judicial work.

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