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Legislative Quality in Urban Law Professor Helen Xanthaki, PhD

Legislative Quality in Urban Law Professor Helen Xanthaki, PhD. Institute of Advanced Legal Studies School of Advanced Study, University of London. Why bother with quality?. New states are forced to pass ad hoc laws as a means of creating the infrastructure of the new territory

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Legislative Quality in Urban Law Professor Helen Xanthaki, PhD

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  1. Legislative Qualityin Urban LawProfessor Helen Xanthaki, PhD Institute of Advanced Legal StudiesSchool of Advanced Study, University of London

  2. Why bother with quality? • New states are forced to pass ad hoc laws as a means of creating the infrastructure of the new territory • Priority is with the economy and investment • Ad hoc consultancies are the norm due to lack of capacity • Mature legal systems view legislation as a tool for regulation • As the state solidifies constitutionality and legality, arises the need for the observation of prohibitions introduced by law • And the state seeks to ensure that regulation is implemented • Priority is with the citizen as final main actor of regulation • Legislation is used as a solution of last resort • Quality of legislation becomes a priority: laws are passed to guarantee regulatory results Professor Helen Xanthaki

  3. What is legislative quality? • Since legislation is a tool for regulation, the definition of legislative quality can only be result-driven • Governments are elected to govern on the basis of their electoral mandate • Governing involves regulation of fields of activity • Regulation is achieved via, amongst others, legislation • And legislative drafting is a means of achieving regulation • Thus, legislation of good quality is legislation that produces the types, extent, and level of regulation required by the government • In other words, legislation of good quality is synonymous to effective legislation, namely legislation that is capable of leading to efficacy of regulation

  4. What is leg. quality in technical terms? Professor Helen Xanthaki

  5. What is quality in drafting? Professor Helen Xanthaki

  6. Apply this to urban law! • Define the overarching policy agenda UN Habitat • Define specific thematic policies and identify policy goals for each one • Identify means of achieving these policy goals, conduct policy analysis, and identify the preferable legislative solution • Identify measurable effectiveness criteria • Draft legislation, if necessary, to meet these criteria • Re-evaluate on the basis of post legislative scrutiny Professor Helen Xanthaki

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