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Legislation and statutory interpretation.

Module B: Making legislation.

Chapter 2: The policy process.

Stages of the policy process
A policy is a bundle of decisions. Stages of the policy process are: initiation, formulation, implementation, evaluation, decision.
 * 1) Initiators of policy can be: general public; cause groups, media, academic experts; extraparliamentary parties and party groupings; parliament; ministries, inquiries, think tanks; prime minister and cabinet. Think about e.g. Commission’s monopoly of initiative versus the open method of coordination.
 * 2) Models of policy formulation: Rational, incremental, garbage can.
 * 3) Implementation: top-down, bottom-up, hybrid.
 * 4) Evaluation: different approaches, e.g. outcome-based accountability.
 * 5) Policy decision: termination, continuation, revision.

Involvement of drafters
Think about who drafts and how narrow the instruction may be, in terms of ideology and resources. Comparison is made between common law and civil law jurisdictions, large and small. Involvement of the drafters in the policy process are exceptionally less in large common law jurisdictions, where excessive involvement is seen as usurpation of elective mandate of the politicians.