Assessing a Bill in Terms of the Public Interest: The Legislatorâs Role in the Law-Making Process

Ann Seidman; Robert Seidman

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Assessing a Bill in Terms of the Public Interest: The Legislatorâs Role in the Law-Making Process

In: The World Bank Legal Review, Volume 1: Law and Justice for Development

Authors:

Ann Seidman

Ann Seidman
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Robert Seidman

Robert Seidman
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Type:: Chapter

Pages:: 207â256

DOI:: https://doi.org/10.1163/9789004503014_006

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Abstract

Elected representatives in developing countries and economies in transition strive to exercise their constitutionally-assigned role to ensure for their people a better present and a brighter future. However, too often existing institutions (defined here as societyâs repetitive patterns of behaviors) defeat the best intentions of deputies to effectuate transformation. Rejecting the claim that law cannot significantly modify institutions, the authors offer an institutionalist legislative theory and methodology to guide deputies in assessing whether a bill will effectively help to resolve the social problem it purports to address. The theory requires deputies to follow a decision-making model that employs reason informed by experience. At its operational core, the authorsâ approach centers around four basic questions: What social problems does the bill address? What explains those behaviors? What provisions in the bill will cost effectively change those causes of problematic behaviorsâs? How to monitor and evaluate the new lawâs implementation? Building on an understanding of why people behave as they do in the face of a rule of law, the article assists deputies in deciding what questions to ask to learn the relevant facts and logic that underpin a billâs substance â i.e., that justify its detailed provisions. The article concludes with a checklist of questions deputies should ask about every bill, and a logical framework to structure a deputyâs decision-making.

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The World Bank Legal Review, Volume 1: Law and Justice for Development

Series:Â The World Bank Legal Review, Volume: 1

E-Book ISBN:: 9789004503014

Publisher:: Brill | Nijhoff

Print Publication Date:: 01 Jan 2003

Subjects
- International Law
  - Public International Law
  - International Organizations

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Assessing a Bill in Terms of the Public Interest: The Legislatorâs Role in the Law-Making Process

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The World Bank Legal Review, Volume 1: Law and Justice for Development

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Assessing a Bill in Terms of the Public Interest: The Legislatorâs Role in the Law-Making Process