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Legislative Policy Development

The document outlines the policy formulation process, emphasizing the importance of policy as a precursor to legislation. It details the stages of policy making, including problem identification, policy formulation, implementation, and evaluation, while highlighting the roles of various stakeholders. Additionally, it discusses the relevance of public participation and the need for a structured policy framework to guide legislative actions.

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6 views

Legislative Policy Development

The document outlines the policy formulation process, emphasizing the importance of policy as a precursor to legislation. It details the stages of policy making, including problem identification, policy formulation, implementation, and evaluation, while highlighting the roles of various stakeholders. Additionally, it discusses the relevance of public participation and the need for a structured policy framework to guide legislative actions.

Uploaded by

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Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE POLICY

FORMULATION PROCESS
CHRISTINE KUNGU
ADVOCATE
OBJECTIVES

• Understand the role of policy in legislation.


• Understand the policy making process
• Translating policy into legislation
INTRODUCTION

• Best practice dictates that policy should precede law.


• Most legislation including subsidiary legislation are anchored on an agreed policy
framework.
• The bulk of Bills emanate from policy proposals of the executive, civil
society,proffesional bodies, private sector, individual citizens and other organized
groups.
• Policy formulation/development revolves around the idea or realization that a
particular situation or social development need may require law or
regulation.(political,economic,social,technological or legal )
Policy defined(what is policy)

• Has no strict definition as a concept, is flexible used in different ways on different


circumstances.
• A government’s or an institution’s course of action(basic principles) formulated and
intended to influence decisions that conform to prudence.
• The process by which a Government translates its political vision into programs &
actions to deliver desired changes.
• Policy discussions revolve around whether or not a law is need to achieve the aims
set out in the policy or the most appropriate approach to resolve a problem.
What is Legislative Policy?

• Gen. principle : Law or legislation emanates from policy


• Legislative Policy is a government's or an institution’s course of
action(basic principles) formulated and intended to influence decisions and
that conforms to prudence and is meant to be translated into legislation.
• Policies are responses to new goals and new values; policy provides
direction for the achievement of certain goals and the development of
certain sectors
What entails Policy ?-
A wide conceptualization of a problem area or
gap including-
• Documented & undocumented strategies(Strategic plans).
• ideologies/ political manifestos.
• Customs, practices.
• ideals, ideas, principles, norms.
• National or County Government blueprints ,Guidelines(sessional
papers).
• international instruments i.e. conventions, protocols ,treaties
Why is legislative policy
relevant? :
• Legislation ought to flow from policy.
• A gap or problem area generates an idea which
necessitates statement of objective which may require
formulation of policy.

• The objective may be political, social or economic.


The Initiator of Policy may be-.
• The Executive in the National or County Government.
• Departmental or agency officials
• A Commission of Enquiry or Task Force
• A Committee of the Judiciary, Executive or Legislature.
• A public or private organization, or
• Political Party, Pressure Group or an international
organization
Other Considerations.
• Cost – Benefit analysis e.g. establishment of
Administrative structures or costs of instituting an
agency.
• Public Participation- relevance, threshold
• Is the policy self regulating?
• The possibility of achieving the policy objectives
through other means may be considered.
Consultation with stakeholders/Public
Participation Art. 10 of the Constitution.

• A key aim of systematic public consultation or participation is to listen


to a wide range of interests to obtain better information from affected
parties and be responsive to what is heard.
• This allows for better information and more efficient decision-making in
matters of policy.
Steps/ Stages in Policy Making
•Identifying a problem
•Formulating a policy,
•Implementing the policy
•Evaluating the result.
Identifying the problem

• recognizing that an issue exists.


• studying the problem and its causes in detail.
• determining how aware the public is of the issue
• deciding who will participate in fixing it,
• considering what means are available to accomplish a solution.
THE POLICY CYCLE

POLICY LEGISLATION
Identify problem Drafting of bill
Formulate policy Publish for comment
Decision-making Adoption

FEEDBACK IMPLEMENTATION
Problems Application
Proposals for change Monitor results
The role of the drafter in policy
formulation

• Technically, the drafter is not concerned with policy formulation in an


official capacity. However, as a person who perhaps is the most
conversant with the statute book ,the drafter may be able to identify
legislative gaps. It then becomes incumbent on the drafter to bring the
shortcomings to the attention of the legal adviser and other
concerned parties in the organization, government department.
SALIENT FEATURES OF A POLICY
FRAMEWORK

Preliminary
• Abbreviations & Acronyms
• Definition of Terms
• Preface of Foreword
INTRODUCTION PART

• Background
• An analysis of existing legal framework.
• Justification of the Policy
• Current Status of Issues/situation analysis.
• Goals and Objectives
• Scope of the policy
• Guiding Principles or Policy Guidelines
• Methodology
Policy Provisions
• Priority areas
• Key Issues and policy recommendations
• Institutional and Legal Frameworks
• Policy Implementation mechanisms
• Monitoring and Evaluation
• Conclusions and General Recommendations
• References
THE END

THANK YOU

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