Public Policy Analysis and Legislative Drafting
What the section tests
Public policy analysis and legislative drafting test whether you can define a problem, compare options, and write enforceable statutory text.
Core rules
- Policy cycle: problem definition, objectives, alternatives, evaluation, implementation.
- Analysis tools: cost-benefit analysis, stakeholder mapping, regulatory impact assessment.
- Drafting principles: clarity, precision, consistency, and coherence with existing law.
- Delegation: core matters must be decided by statute; delegated rules need clear standards.
- Transitional provisions: commencement, sunset clauses, and savings.
- Penalties: proportionate and clearly defined.
Worked example
Draft clause: “The competent authority may take necessary measures to regulate online platforms.” Critique: “necessary measures” is vague, delegates core restrictions without standards, and lacks procedure. Rewrite: “The competent authority may, by regulation, require platforms with more than one million monthly users to disclose algorithmic ranking criteria, after public consultation and 30-day notice.” This specifies the addressee, obligation, procedure, and limit.
Traps
- Using undefined terms.
- Delegating core rights restrictions.
- Making rules retroactive.
- Omitting enforcement or review mechanisms.
- Drafting penalties without a statutory maximum.