Workshop on how laws progress from Policy to Law using the Problem Solving Method

1. From Policy to Law
Problem Solving & Policy Development
Prof. William Kosar |
Senior Legal and Regulatory Advisor
Financial Development Project |
 0780 913 2064
wkosar@iraqfinsecdev.com

2. Today we will discuss:
The making of law
What is a Program
What is Policy
What is Legislation
Policy Research

3. Hierarchy of Norms
Constitution
Treaties
Laws
Regulations
Instructions

4. The Making of a Law
 The making of law is arguably the most important activity
of government
 Iraq’s system of responsible parliamentary government is
based on the rule of law
 This means that laws must be made in conformity with
the Constitution
•

5. Definition of Rule of Law
• Lots of academic disagreement but certain concepts
universally accepted:
•
 Constitutionalism
 Law Governs the Government
 Law Must Be Fairly & Consistently Applied
 Law is Transparent & Accessible
 Application of the Law is Efficient & Timely (Due Process)




Property Rights are Protected
Human Rights are Protected
The Law is Capable of Change
Independent Judiciary

7. What is policy?

Public policy development & analysis is
the process of applying:



a defined set of procedures & tools
to public policy problems



10. Bill


A bill is a proposal for a new law

11. What does Public Policy mean?
INTRODUCTION TO PUBLIC
POLICY

12. Harold Lasswell

Lasswell argued that the science of policy had 3
distinct characteristics that set it apart from other
disciplines:


it would/should be:
1.Multi-disciplinary
2.Problem solving
3.Normative

13. Multi-Disciplinary
1.
Policy sciences would break from the narrow study
of political institutions and structures & embrace the
work and findings of fields such as sociology,
economics, law & politics

14. Problem Solving
2. Policy science would adhere to a strict canon of
relevance, orienting itself towards the solution of
real world problems & not engaging in purely
academic & often sterile debates

15. Normative
3. Policy science should not be cloaked in the guise
of “scientific objectivity”, but should recognize the
impossibility of separating goals and means, or
values and techniques, in the study of government
actions

16. Conceptualizing Public Policy

a policy statement is the intent of the
government to do something about some issue

a policy action is what an agency does to
accomplish the goals identified in the statement

a policy result is what happens in the
environment following the agency’s efforts to
achieve the goal identified in the statements.

17. Policies
• Language –
• Administrative – enforcing traffic laws
• Legislative – written statute
• Executive – executive orders, vetoes, appointments
• Judicial – deciding to hear a case, interpreting the law,
written decisions
• Nondecisions

18. Other Distinctions Regarding Policy
1.
Public policies are constantly changing as they're shaped and reshaped
modified and changed and sometimes rejected for new policies
1.
Public policy must be inferred from the actions and behavior of the many
government agencies and officials involved in policy making over time
2.
Policy is a process, or an historical series of intentions, actions, it is not
something that can be captured by pulling out a single event or decision
2.
Policy is complex in that it takes place on multiple levels
2.
Policy is an analytic category used by researchers and social scientists who
study government activity

20. Policy Research

At this stage you are gathering information


Policy development should begin from an informed
base, incorporating knowledge about the policy problem

Need a clear understanding about what activities are
currently being undertaken to address the area

How the issue is approached in other jurisdictions


21. What is the problem-solving approach to
legislation and policy development and why
is it useful?
INTRODUCTION TO THE PROBLEMSOLVING APPROACH TO
LEGISLATION

22. Introduction to the Problem-Solving Approach to Legislation

The drafter as someone who can guide policymakers
through the policy development and problem-solving
processes (in answer to the question

“If the drafter’s role is separate from policymaking, why
should the drafter learn policy development?”)

23. ROCCIPI—7 Factors
• The legislative problem-solving approach uses 7 analysis
factors to help explain why the problem is occurring
• Each factor focuses on one aspect of a behavior and asks
questions that will lead to a better understanding of the
problem and more meaningful policy responses

24. ROCCIPI
•
•
•
•
•
•
•
Rule
Opportunity
Capacity
Communication
Interest
Process
Ideology

25. Checklist of questions for identifying problematic behaviours:
1.
What are the overt manifestations of the problem?
1.
Who is directly affected by the manifestations?
1.
2.
3.
Where is it happening?
When is it happening?
Whose behavior causes or contributes to the problem directly?
1.
Whose behavior causes, contributes to, or permits the problem
indirectly?

26. How existing law may explain behaviour
• Why do people behave as they do in the face of a rule of law?
• In reality, people behave as they do, not in the face of a rule, but of a
whole cage of laws.
• Suppose that, despite a law forbidding it, people pollute the rivers. On its
face, the law's provisions may suggest several explanations for that
behavior.

27. Introduction to the Problem-Solving Approach to Legislation
The 4 steps of the problem-solving approach
1. Identify the problem
2. Explanations for the behaviour
3. Designing solutions
4. Monitoring & Evaluation
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–
–
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28. Today we discussed:
 The
making of law
 What
is a Program
 What
is Policy
 What
is Legislation
 Policy
Research

29. Questions?

30. EXERCISES
30