1. Proposals for sustainable capacity building
1. Drafting Instructions Manual
In my understanding drafting of laws and regulations has become international and
regional phenomenon. It is no more domestic. There are internationally accepted
drafting processes, procedures and standards essential for democracy, good
governance, and rule of law, transparency, participation and accountability. The
Manual must contain step by step instructionsand standardized forms on:
i. Proposal development process
ii. Legislative process
iii. Drafting process
iv. amending legislation or articles/provisions in a law
v. repealing clauses in a draft law
vi. definitions throughout the body of legislation
vii. enacting and effective date clauses,
viii. dispute resolution provisions-arbitration and mediation clauses
ix. saving /exception/proviso provisions,
x. transitional provisions
xi. retrospective/retroactive provisions in a draft law,
xii. duration provisions/sun set and sun rise clauses
xiii. consequential amendment provisions,
xiv. validation provisions and legalizing clauses
xv. subordinate regulation clauses,
xvi. schedules
2. Consultation process
Currently there is no consultation process and no legal requirement and no
practice. Consultation is very essential for effective and efficient laws and
regulations and for determining the contents of a law. It facilitates compliance
and enhances public confidence, trust in law and rule of law. Introduce open,
well publicized and time bound consultation process. There real solution to this
lies in making consultation and RIA mandatory through a law. Bosnia draft law
on consultation process.
3. Publication and communication process
Design Publication and process for distribution of laws and regulations. State must make sure
that law is published, communicated and understood by those regulated by the law.

2. 4. Design and develop standardized draftsverification checks carried out by
lead/senior drafter on a draft( see below)
5. Design and develop various checks carried out on regulations/subordinate
legislation/delegated legislation (see below).
6. Amending Form Manual to make amendments consistent, easily available and
reflected in the original law
7. Legal informatics and management of legislative documents-An IT Inspired
legislative drafting process
8. Better Regulation Commission
There is need for non-departmental public body, independent of government. Its
role should be to advise the Government on action to reduce unnecessary
regulatory and administrative burdens, and ensure that regulation and its
enforcement are proportionate, accountable, consistent, transparent and
targeted. This commission may be part of consultation process or this
responsibility should be specifically given to present Constitutional Compliance
Commission in the President Office.
9. Line Ministries
Design and develop plan for capacity building of other ministries in proposal development,
consultation and preparing initial draft. It is very important to develop capacity of other
ministries and independent bodies cause first draft is developed by them.
Secondly, Ministries are drafting bye laws and rules at ministry level and there is no oversight
on rules and bye-laws and in many cases rules and bye-laws are against some provisions of
primary law. That is adversely impacting on rule of law, public trust, confidence etc.
10. Management Training for heads of Legislative Departments in following areas
Heads of legislative Department will benefit exponentially from trainings in
following areas:
1. Principles of good and effective management
2. Effectively managing a legislative office

3. 3. Techniques for evaluation of a draft
i. Text focused approaches
ii. Expert-judgment focused approaches like peer review, editorial review
and external review
iii. Reader focused evaluation
iv. A hybrid method.
v. The best approach for legislative Counsel
4. Checklist for verification of draft
a. Constitutional compliance
b. Compliance with the existing law and legal system
c. Compliance with other international obligations-a checklist may be developed
d. Implementation checks
e. Checks on legal from, clarity and comprehensibility
f. Post drafting policy checks
g. Administrative requirements checks
h. Cost and economic impact checks
i. Efficiency checks
j. Practicability checks
k. Implementation checks
5. Principles of good decision making
6. The right decision making process
7. Effective problem solving
8. Legislative Innovations