Designing Effective Legislation
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 6: Which tools for effective lawmaking?

Maria Mousmouti


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.