Advancing Better Government through Teaching Students Practical Policy Engagement

1. ADVANCING BETTER GOVERNMENT THROUGH TEACHING STUDENTS PRACTICAL POLICY ENGAGEMENT Anita Jowitt University of the South Pacific ALTA, 4 -6 July 2016, VICTORIA UNIVERSITY, Wellington

2. Oppositions Practical Vocational skills: problem solving for clients THE GOOD STUFF Theoretical (impractical) Jurisprudence, policy WASTE OF TIME/ IVORY TOWER/ REMOTE

3. But • Vocations on graduation are changing • Only a small percentage of LLB graduates now enter legal practice • Being able to operate in the politico-legal law reform sphere is, in my experience as a policy practitioner, very practical

4. Argument • Law schools have an obligation to teach how to engage in legal policy as a practical skillset • At USP, an LLB programme outcome (like a TLO) is • Ability to contribute to the development of South Pacific countries’ laws and legal systems

5. Argument + response Law schools have an obligation to teach how to engage in legal policy as a practical skillset OK, but how? What does this even mean? For legal reasoning there are lots of models/examples to follow (IRAC, memo to senior partner, letter of advice to client, written submissions to court, mooting) but what legal policy activity/assessment examples can I adapt to my courses?

6. Recent policy practitioner experiences • 2013: Vanuatu Youth Parliament • Members of parliament debating mock Bills • Young – some with little schooling • Critical reasoning worksheets • Expose cognitive (critical reasoning) processes • Allows focus on process of political law reform debate • 2013 - : Employer rep, Vanuatu Tripartite Labour Advisory Council • Employment Relations Bill; IDA; Minimum wage setting; National Sustainable Development Plan • Developing/expressing consensus as representative of a particular constituency • Responding in a policy vacuum • Advocating • Academic essays NOT acceptable

7. Using experience to enrich teaching LW 305: 300 level option (formerly compulsory) on developments in, and how to develop, law in the Pacific Youth parliament process + TLAC position papers

8. Assessment In group assume position of an NGO, reach consensus and prepare position paper for Minister/Parliamentary Select Committee on Bill 3 pages max

9. Youth Parliament influence • Same Bills • Same worksheet approach as Youth Parliament • Process: • Is there a real issue in society that needs to be addressed? (Context analysis) • Is a legal response appropriate for the issue? (Goal definition, context analysis, impact analysis) • Does particular wording of Bill address issue appropriately? (impact analysis, legal analysis)

10. TLAC influence • Writing style • American K12 Argumentative Standard • Opinion writing vs • persuasive writing vs • argumentative writing

11. Student responses • Position paper 1 done very badly • New way of looking/thinking/expressing • Position paper 1 could be resubmitted • Almost all groups took this chance • Position paper 2 done better • No groups chose to find and respond to a real Bill or LRC discussion paper • Student feedback overwhelmingly positive

12. For 2016 Same approach (making cognitive processes transparent) Position paper 1 can do a mock Bill with worksheet OR an issue from Vanuatu Constitution Amendment Bill Position paper 2 can choose another issue from Vanuatu Constitution Amendment Bill or any other Bill/LRC paper

13. Transferable? • Model being used by Public Intl Law lecturer in 2016 s 2 (easy pre-designed activity) • In NZ/Australia • Parliament has constant Select Committee calls for submissions (and material on how to write a submission) • Law Reform discussion papers are frequent & common • Also extendable • Get NGOs, political parties… involved as clients

14. What else to build practical policy skills? • Example authentic policy practitioner assessments (in a non clinical setting & without linking with external actors) • Briefing paper from detailed policy report • Council of Ministers paper • LRC-style discussion papers • LRC-style recommendations papers