Week 10
Lesson objectives this week
Every legislative scheme holds the potential for generating disagreements. Therefore every legislative scheme requires a dispute-settlement system. The focus this week is on designing a dispute-settlement system responsive to the needs of your bill.
The courts are the default settlement system. Depending on the nature of a bill an ordinary court may be the most suitable option for resolving disputes. Other times, a specialized tribunal, a departmental appeal process, or some other process may be more appropriate. Each dispute settlement system has advantages and disadvantages. Ultimately, the best system is the one that is best suited to the kinds of decisions that will need to be made. This week considers criteria for determining what kind of dispute settlement system is best able to further a bill’s objectives.
Assignments
• Review Manual, Chapters 5, 9 & 10; and Read Manual, Part III, Chapter 8 (pp. 207-230) .
• Listen to tapes A-11, B-9.
• E-mail to your editor and to the course participants a revised
outline of your bill.
•Consider the list of norms that a complete legislative system contains (see Manual, p. 214). What sections of your bill (or, alternatively, what other laws) deal with the six matters mentioned in the list on p. 214? In addition, what sections of your bill (or other laws) deal with (i) making detailed regulations under your bill, and (ii) ensuring monitoring and evaluation of the new law’s consequences? Review the present outline of your bill, and amend as necessary. E-mail your answers to your editor and to <LD7@iclad-law.org>.
• Discuss with your group the answers to the general questions, Study Guide, Session A-11, slide #10. (Also see Study Guide, Session B-9.)
• E-mail to your both editor and to the course participants:
- comments, questions or suggestions you may have about materials covered in the audio-presentations, the Manual or the Study Guide; &
- answers to questions and exercises raised in the Study Guide.