Week 8

Lesson objectives for this week

This week you will write the solutions part of the research report to ensure that the implementing agency can effectively carry out its functions of inducing the primary role occupants to behave as the law prescribes. This requires consideration of the following issues:

1. The range of available conformity inducing measures
2. The choice of an appropriate agency to implement the conformity inducing measures
3. Rules for organizing the agency to ensure effective implementation of the law in accordance with the principles of good governance

The Range of Conformity Inducing Measures

Conformity inducing measures are the initiatives implemented by an agency to alter or eliminate the causes of the problematic behaviors. Which conformity inducing measures a drafter chooses will depend on which ROCIPPI categories were identified as problematic. The three broad categories of conformity inducing measures are:

1. Direct measures (rewards and punishments): to change behaviors associated with “interest”
2. Roundabout measures:  to change behaviors associated with “opportunity”, “capacity”, “communication”, and “process”
3. Educative measures:   to change behaviors associated with “ideology”

Choosing an Appropriate Implementing Agency

The drafter’s conclusions about the causes of the social problem lead directly to the kinds of conformity inducing measures that are required to address the problem. In turn, the drafter’s knowledge of what conformity-inducing measures are required to address the problem will help the drafter choose an appropriate agency to implement the measures.

There are four classes of implementing agencies:

            1. Courts and tribunals (dispute settlement)
            2. Administrative bodies
            3. Public corporations, and
            4. Private sector organizations

Each class of agency has advantages and disadvantages both from a theoretical perspective and from a country-specific perspective. The drafter must choose the class of agency that seems best suited to effective implementation of the conformity inducing measures.

Designing an Implementing Agency

There are many considerations when deciding on the design or structure of an implementing agency. (See Stream A Study Guide Session 9, slides 9 and 10.)  When considering the rules for organizing the agency to ensure effective implementation of the law, the drafter must take into consideration the following broad issues: personnel,  officials’ powers and duties,  decision making procedures and criteria (figure 5-1), and accountability provisions.

The objective of the B stream exercises this week is to examine several rules that tend toward greater clarity and precision in legislative drafting. The ability to draft precise, non ambiguous legislation is critical to the goal of democratic transition and development.

Assignments

• Review Manual, Chapters 5, 9 & 10.
•Listen to tapes A-9, B-7.
• E-mail to your editor and to the course participants:

• the sections of your research report’s draft ‘Solutions’ part concerning your bill’s detailed measures for inducing changes in the implementing agency’s problematic behaviors (see Outline, Manual, pp. 121-122, and, if they seem relevant to your bill, the checklists on pp. 144, 147, and 164);
• draft one or more sections of your bill that prescribes an agency’s behavior to implement a conformity inducing measure; and
• you have now drafted some nine sections of your bill. Review those sections in light of the material studied this week, and make necessary changes to your draft sections.

• Discuss with your group the answers to the general questions, Study Guide, Session A-9, slides #11 and 12. (Also see the Study Guide, Session B-7.)
• 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.