This book examines why laws fail and provides strategies for making
laws that work. Why do some laws fail? And how can we make laws
that actually work? This helpful guide, written by a leading
jurist, provides answers to these questions and gives practical
strategies for law-making. It looks at a range of laws which have
failed; the 'damp squibs' that achieve little or nothing in
practice; laws that overshoot their policy goals; laws that produce
nasty surprises; and laws that backfire, undermining the very goals
they were intended to advance. It goes on to examine some of the
reasons why such failures occur, drawing on insights from
psychology and economics, including the work of Kahneman and others
on how humans develop narratives about the ways in which the world
works and make predictions about the future. It provides strategies
to reduce the risk of failure of legislative projects, including
adopting a more structured and systematic approach to analysing the
likely effects of the legislation; ensuring we identify the limits
of our knowledge and the uncertainties of our predictions; and
framing laws in a way that enables us to adjust the way they
operate as new information becomes available or circumstances
change. Key themes include the importance of the institutions that
administer the legislation, of default outcomes, and of the
'stickiness' of those defaults. The book concludes with helpful
checklists of questions to ask and issues to consider, which will
be of benefit to anyone involved in designing legislation.
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