Chapter 6: Which tools for effective lawmaking?
The effort to rationalise lawmaking came with a set of tools including Impact Assessment, Consultation, Simplification, Codification. Each of these tools contributes something different to the decision making process leading to the adoption of policies and legislation: Impact Assessment provides a structured thinking process for evidence-based decision making; consultation provides a framework for information collection and participation; simplification removes compliance barriers and codification improves coherence and consistency in the statute book. How useful is this toolkit to actual lawmaking? Taking a closer look at Impact Assessment and consultations, which are the main tools used in proactive decision making, it becomes evident that they lack the detail and focus on the specific questions that lawmakers have to address. Both tools contribute to efficacy and efficiency while effectiveness appears to be a secondary concern. However, when decision making has made a clear selection of option, this is when effectiveness becomes important. The ‘effectiveness test’ a conceptual exercise that adds effectiveness lenses can contribute to lawmaking by looking at the elements of effective legislation and their interactions.
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