Legislation, a Suitable Case for Policy

Building blocks for an operational theory of legislation

By G.J. Veerman

Legal norms, if you like them or not, make the behaviour of fellow people and governments more predictable, as well as providing some certainty in social life which may lead to fewer conflicts. This predictability and legal security are main conditions for undertaking and attempting the risks of life. Therefore, it is important that (new) statutes show some continuity that will function in conformity with the embedded norms. However, it appears to be very difficult to predict how draft statutes will function once they have become enacted statutes, and under which conditions they will operate best. Legislation is considered to be (and to have always been) the juridical vehicle of policy. In preparing legislation, the legislator has to understand what is necessary for compliance in terms of clarity of norms, necessary material means, and means for 'human' enforcement (and control). An effective legislator is an empathetic legislator. In this book a model of the process of legislation is developed, from the idea of making a law (the political and policy part) to its 'end'-attaining the intended societal goals (the social part). As much as possible, building blocks have been set in this study based on evidence. This rather elaborate model for analysis may serve a better understanding of the working of legislation to achieve more effective legislation, and as an instrument for new research and new studies. [Subject: Politics, Legislative Studies]~

Publication Date: 7/1/2016
Format: Paper
ISBN: 9789462403093