Drafting Steps and Principles


There are 4 steps of Legislative Drafting. They are as follows:

1)Role of Interest group

The research is to be carried out by some group of people. This group of people is termed as interest groups. The interest groups may be (a) Concerned Political parties (b) Concerned Stakeholder (c) Concerned Experts (d) Concerned Local or effected community (e) Civil society.

Outcome of research are to be discussed to Interest groups. Interest groups have to have some constructive feedback and complements on it. They have to play major role for lobbing those research outcome to formulate it as a policy first and secondly for legislation. At first these are to be developed in the form of policies to cross check its pros and cons in society. After having positive response in society than they should be given Legal form (Legislation).

2)Identification of legislative problem: –



To formulate the policy, research is to be carried out to the concern stakeholder and take feedback from then. What kind of effect it may produce? Is it necessary or not? Whether the problem is there or not? Whether the problem can be solved or not? Is it necessary to be in legal form or not?

After answering these above questions legislative will be capable enough to find the research problem for legislative body. Research Problem here means to find out the social wants/ social interest.

For Ex: Is the lack of practical education cause for the poverty or unemployment in Nepal? Now legislative has the subject matter (research problem), which is to be address by law making (Legislation).

3)Framing of legislative policy: –

Among all the diverse issues raised by the interest groups, the legislative has to figure out which of the policy is essential to establish welfare-state. These kinds of policy are the legislative policy which is to be taken into parliament to enact it as legislation.

4)Identification of policy alternative: –

If that policies fails than the possible alternative should be formulated.

Policy

Definition

  • To address changing need of aspiration of people…For people’s welfare.
  • According with national interest.

Source of law

  • It is the source of law.
  • During Government rule, nation or state need different kinds of rule to govern the people at this they use policy as a tools.

Basis or group

  • Geographical, political, historical, economical, social, cultural, people level of awareness (civic sense)

Types of Policy

  • Nation/State policy: -Not easily changeable. Example: -Nepal commitment and foreign policy.
  • Government policy: -During the governance of state. It is comparatively changeable.
  • Political party policy: -Political party policy should be acknowledged and retify by the government.

Effects of policy

i)They  are the guideline for the government :-acts as directive to government.

  1. ii) Source of law should turn into legal form: -Individual, social interest into law.

iii)Not necessary to be turn into legal for: -Foreign policy, Agricultural policy, foreign aid policy.