Legislative Drafting

Legislation is a critical tool for social change. However, many nations with less developed legal systems suffer from poorly drafted legislation that fails to enact the otherwise positive aims behind the legislation. These failures are not necessarily due to poor policies, but are more often due to lack of resources, lack of training, or lack of access to relevant information and data.

Emerge International follows the problem-solving approach to legislative drafting developed by Ann Willcox Seidman, Robert B. Seidman, and Nalin Abeyesekere in the 2001 book, “Legislative Drafting for Democratic Social Change.” This method of drafting engages the drafter in identifying the precise social problem concerned in the legislation, and also in understanding the root causes of that problem, in order to draft legislation that effectively addresses the problem.

Emerge International’s lead consultant, Hadley Rose, has extensive experience drafting laws using the problem-solving approach, amending existing laws, and drafting subsidiary regulations such as executive or Ministerial orders and regulations. Rose is experienced in designing research tools to assess the nature of the social problem being addressed through legislation, and also collecting and analyzing data to monitor and evaluate the effectiveness of legislation. Rose has also designed diploma courses, short courses, and university courses in legislative drafting for multiple legal systems.