A Proposal for Teaching and Research in Legislative Impact Analysis

November 4th 2016

I know not whether laws be right
Or whether laws be wrong

Oscar Wilde Ballad of Reading Gaol

 

Teaching and Research in Legislative Impact Analysis

Law schools in Australia for the most part teach and research law from the perspective of law seen as a set of rules. For a variety of good reasons law schools cannot easily teach and research two aspects of legislation in it social setting – the factors that brought about the enactment of the law and the search for identifying the impact a law had after it was enacted (and perhaps even before it was enacted). To emphasise the point, studying and researching law from this social perspective focuses on two major items – the processes and discussion that preceded the enactment of the law and the operation of the law in society once it was enacted.

This paper makes three proposals for responding to these problems:

  1. The University establish a postgraduate course work degree to train people in the field of legislative impact analysis.
  2. The University engage in and promote research into legislative impact analysis.
  3. The University establish a Centre or similar institution to guide teaching and research in relation to legislative impact analysis.