A GUIDE FOR LEGISLATIVE ANALYSIS
Westminster Foundation for Democracy
This document results from collaboration between
Dr. Wassim A. Manssouri, Dr. Tony G. Atallah and David Elliott.
October 2011
A Guide for Legislative Analysis
Purpose of this guide
The purpose of this guide is to provide a framework to help analyse whether proposed
legislation is legally sound, is likely to produce an efficient and effective result, and will
not have unintended consequences.
This guide does not suggest whether the policy behind proposed legislation is “good” or
“bad”. The policy decision is one for the government and Parliament – the analysis
accepts the policy decision but scrutinizes the contents of proposed legislation to see
whether the way the policy is drafted in a new or amending law is as good as it can be.
Structure of the guide
The guide is structured in the following way:

the guide starts with a checklist of questions that deputies and staff may wish to
consider when reviewing proposed legislation presented to the Chamber of
Deputies

Chapters I to III give information about the reasons for asking the questions and
provide additional context for the questions.
Collective wisdom
The checklist questions are intended to capture the essence of well-considered
legislation. If the questions are not asked and answered in developing, drafting and
considering proposed legislation, the legislation may be flawed.
This document can be thought of as a repository of the collective wisdom and experience
of parliamentarians who enact legislation and those who draft or give advice about the
preparation of legislation.
If there is no repository of that wisdom and experience, each drafter new to his or her
task, and each parliamentarian who looks at proposed legislation for the first time, must
start anew – they have no touchstone to which to refer. With further experience, and over
time, new or modified questions can be designed to continuously improve and expand the
collective wisdom of those involved in making the law.
Legislative Analysis: October 2011
Contents
Checklist Questions – pages 1 to 5
CHAPTER I: DEVELOPMENT OF LEGISLATION
I.1
I.2
I.3
I.4
I.5
I.6
I.7
Development of public policy: four phases
Have alternatives to the proposed legislation been considered?
Experts and expert committees
Consultation
What can legislation do?
Importance of legislation
Process for presenting and enacting legislation
Draft law
Law proposal (Bill)
Urgent draft law
Urgent law proposal (Bill)
I.8 Legislation governing process
I.9 State Council advisory prerogatives in legislative issues
CHAPTER II: PROPOSED LEGISLATION: THE CONTENTS
II.1
II.2
II.3
II.4
Comprehension
Legislative intention – new laws
Application of the law
What will the legislation do?
Legislation that declares
Legislation that creates rights or benefits
Legislation that prohibits, regulates or imposes obligations
Legislation that permits or authorizes
II.5 Legislation creates change
II.6 Effect on existing legislation
II.7 Effect on existing rights, privileges or obligations
II.8 Effect on processes, appointments, agreements and proceedings
II.9 Retroactivity
II.10 Financial implications
II.11 Administrative arrangements
i
Legislative Analysis: October 2011
II.12 Recurring legislative provisions
Creation of institutions – basic questions
Subsidiary law
II.13
II.14
II.15
II.16
II.17
II.18
II.19
II.20
Enforcement and compliance techniques
Why enforcement policies are changing
Range of compliance mechanisms
Examples of compliance approaches
Summary of compliance and enforcement issues
Accountability mechanisms
Is the legislation working?
Review of the whole body of Lebanon’s legislation
CHAPTER III: CONSTITUTIONAL ISSUES AND INTERNATIONAL OBLIGATIONS
III.1
III.2
III.3
III.4
III.5
The Supreme Law
Recognition and protection of human rights
What are human rights?
International obligations
Particular legislative examples
Arrest or detention
Right of entry
Administrative discretion – appeal or review
Protection of property rights
Protection of personal and proprietary information
CONCLUSION
ii
Legislative Analysis: October 2011
Checklist Questions for Legislative Analysis
Title of Proposed Legislation:
Comments
Chapter I: Legislative Development
I.1 Development of public policy
Has a regulatory impact analysis been done, showing:

whether alternatives to new legislation were considered? (I.2)

the cost of human and administrative resources required to
implement and operate the new law?

the benefits of the proposed law?
Has existing legislation and law been identified and the legal effect of the
proposed legislation been considered?
Have experts or expert committees been involved in developing the
proposed legislation? (I.3)
I.4 Consultation
Have government departments and agencies been consulted about the
contents of the proposed legislation? If not, is there good reason?
Have persons affected by the proposed legislation and the public been
consulted? If not, is there good reason?
If there has been no consultation with those affected by the proposed
legislation, will they and the public be consulted after the proposed
legislation is presented to the Chamber of Deputies?
I.7 Has the correct process for the proposed legislation been followed?
1
Legislative Analysis: October 2011
Chapter II: Proposed Legislation: The Contents
II.1 Comprehension
Is the proposed legislation written as clearly and as simply as the
subject matter allows?
Is the proposed legislation understandable?
II.2 Legislative Intention – new laws
Is the purpose of the law clear?
II.3 Is it clear who the law will apply to?
II.4 Is it clear what the law requires to be done or not done?
II.5-II.6 Effect on Existing Legislation

are all necessary amendments to existing legislation complete? Do
they resolve legislative conflict?

has the textual amendment system been used to amend existing
legislation?
II.7 Effect on Existing Rights, Privileges or Obligations
Will the proposed legislation affect existing rights, privileges, benefits or
obligations?
If yes, are they appropriately protected or dealt with?
If rights, privileges or benefits are not protected, should compensation
be available?
2
Legislative Analysis: October 2011
II.8 Effect on Existing Processes, Appointments,
Agreements and Proceedings
Will the proposed legislation affect existing

appointments or terms of office?

agreements or other legal arrangements?

processes (applications, proceedings, appeals) that are in process
when the new law comes into force?
If yes, are there satisfactory transitional rules in the proposed
legislation?
II.9 Retroactivity
Is the Bill retroactive or does it have a retroactive effect?
II.10 Financial Implications
If the proposed legislation requires financial expenditures:

have the expenditures been calculated?

have the expenditures been approved by the Budget Law or is
funding available from other sources?
If a tax or charge is proposed, is the imposition of the tax or charge
appropriate?
II.11 Administrative Arrangements
Are administrative processes efficient and effective?
Do administrative processes avoid duplication and minimize “red tape”?
II.12 Institutions
Have new institutions been appropriately created?
Has overlap and duplication of mandates been avoided?
II.12 Subsidiary Law
If subsidiary law (regulations, decrees) is authorized by the proposed
legislation, can the regulations change the principal law or other laws?
Will Parliament review the regulations?
Is the delegated power to make regulations appropriately described?
3
Legislative Analysis: October 2011
II.13-II.14 Enforcement of the Law
Who will enforce the law?
Are human and financial resources available for enforcement?
Are lower cost enforcement options available?
Is there a time limit within which enforcement proceedings must start?
II.18 Accountability Mechanisms
Who is accountable for implementing and the operation of the law?
Are annual or periodic reports required to be filed with Parliament?
Are those reports public?
II.19 Is the legislation working?
Who will review the law to see if it is meeting its purpose?
When will reviews be done?
How will the review be done?
Will the results of the review be public?
II.20 Review of the Whole Body of Lebanon’s Legislation
4
Legislative Analysis: October 2011
Chapter III: Constitutional Issues and International
Obligations
III.1 The Constitution
Does the proposed legislation comply with the Constitution? In
particular

is the separation of powers maintained?

are human rights respected and protected? (III.2-3)

does the proposed legislation otherwise conform to the Constitution
and the jurisprudence of the Constitutional Council?
III.4 International Obligations
Are there any international treaties or obligations affected by the
proposed legislation?
If so, have they been considered and appropriately dealt with?
III.5 Particular Legislative Provisions
If legislation authorizes arrest, detention, entry or seizure of property

is there an appropriate process for exercising the power?

are there protections if a claim of abuse or misuse of power is
made?

is a due process public hearing available?
Are property rights respected?
Is confidentiality of personal and proprietary information appropriately
protected?
Is the role of the courts safeguarded and appropriate?
If the legislation gives or can remove rights or benefits – is there a right
of review or appeal to an appropriate independent entity?
5
Legislative Analysis: October 2011
CHAPTER I: DEVELOPMENT OF LEGISLATION
I.1 Development of public policy: four phases
The development of public policy leading to legislation goes through four basic phases:

the first phase: issue identification – a recognition that a problem, challenge,
opportunity or issue exists and that something needs to be done about it that
involves government or Parliamentary action or decision

the second phase: decision in principle – a decision about what the government
or Parliament intends to do about the identified issue, which may range from
simply monitoring the situation, to a law. It is during this phase that research is
usually undertaken, including investigating approaches taken in other
jurisdictions. Some jurisdictions complete a regulatory impact analysis to help
decision-making. The OECD has actively promoted regulatory impact analysis as
a systematic approach to critically assess the positive and negative effects of
proposed and existing legislative and non-legislative alternatives. The analysis
encompasses a range of methods but is intended to be an evidence-based approach
to policy analysis1

the third phase: drafting and presenting proposed legislation – assuming that a
new or amending law is the best or most desirable option to implement a policy
decision – a flexible yet firm process should be undertaken to create a draft new
or amending law. The checklist questions are a way to analyse whether proposed
legislation has been fully considered

the fourth phase: Enactment, implementing, monitoring and improvement –
After the law is enacted and implemented, this phase should be designed to ensure
accountability and transparency in the operation of the law, including periodic
reviews and public reports to see that the law is meeting its purpose and that the
purpose continues to be relevant.
I.2 Have alternatives to the proposed legislation been considered?
Sometimes a decision is made to make or amend a law without thinking about
alternatives that may be more efficient, effective and less costly. It is always worth
asking the question: is there a better alternative to a law?
1
OECD website – http:/oecd.org.document. Principles for Regulatory Quality and Performance
were adopted by the OECD in 2005, updating 1997 principles. Of particular relevance is the
OECD paper: Good Governance for Development in Arab Countries Initiative – Working Group
IV: Public Service Delivery, Public Private Partnerships and Regulatory Reform – Building a
Framework for Conducting Regulatory Impact Analysis.
Legislative Analysis: October 2011
6
Ideally, this question will be asked and answered in the second phase of public policy
development process, possibly through a regulatory impact analysis. (See paragraph I.1)
The preparation, enactment and implementation of legislation takes a great deal of time
and involves significant cost. For example, costs are incurred

in researching the law and considering the legal, economic and social effects of a
proposed law

in drafting proposed legislation

in the process in the Chamber of Deputies and Council of Ministers

by those affected by the legislation to read, comment and comply with it

in the initial start-up and ongoing administration, enforcement, and accountability
costs – human and financial

by additional burdens on existing government departments and agencies, policing
and the court system.
The time and cost involved in creating and making a law may well be justified, but an
important question to answer is whether options, other than legislation, have been
considered. For example, options to new legislation could include:

using existing law

an education, information or public awareness campaign

a voluntary code

a change of tax policy to provide incentives or disincentives to achieve the policy
goal (this may involve a less significant legislative change)

a change in administrative policy that will achieve the policy purpose

shared regulation (for example, rules made by one entity that must be approved by
government).
7
Legislative Analysis: October 2011
I.3 Experts and expert committees
When a decision is being considered about whether a law is the best way to respond to an
issue, experts or expert committees can provide advice at an early stage on

whether a new law or an amending law is the best policy option and what
alternative options may be available

what other jurisdictions have done to tackle the same or similar issues

existing legislation and jurisprudence that would be affected by a new law

any amendments necessary to existing legislation

the legal, economic and social advantages and disadvantages of a legislative
initiative

avoiding legislative duplication or conflict, and avoiding overlapping or
conflicting mandates of institutions

how to make the law efficient and effective

other implications of a new or amending law.
I.4 Consultation
Consultation should occur both within government and, usually, with those outside
government who will be affected by the legislation. Consultation is important because

internal government consultation helps foster efficient government, uses existing
expertise, resolves internal conflict early in the process, and gives an opportunity
to resolve government-wide issues

external consultation makes for transparent law-making, helps gauge the effect of
legislation and degree of support and opposition, identifies issues, including
transitional and consequential issues that may not have been previously
considered or understood.
A consultation process is based on belief in the value of

openness and transparency

information exchange
8
Legislative Analysis: October 2011

fostering respect for the views of others.
Engaging in consultation typically

provides useful information about the substance of the proposed legislation

helps identify technical problems in proposed legislation

identifies amendments that are needed to other laws

identifies consequences of the proposed legislation that might otherwise go
unrecognized.
There are exceptions to the desirability for consultation, including emergencies; some
elements of the budget legislation that, if disclosed ahead of time, could give unfair
financial or other advantage by advance disclosure. But the general approach should be
to engage in consultation whenever possible.
I.5 What can legislation do?
Legislation is the way in which Lebanon’s democratic republic

protects and promotes the rights and interests of the Lebanese people

raises revenue to pay for government expenditures and authorizes the government
to expend the money it raises

regulates relations between individuals and Lebanon’s republic

regulates relations between individuals and between individuals, institutions and
businesses

creates and fosters a positive economic and social environment.
Legislation creates the legal framework for internal order and organizes society through
the law – known as the rule of law.2 The amount of legislation and the type of legislation
is governed by Parliament3 and the majority support for new legislation in the Chamber
of Deputies.
2
3
In Lebanon’s Constitution, the rule of law is described as the sovereignty of law.
In some cases, legislation may be enacted by government decree (see paragraphs I.7 and I.8).
Legislative Analysis: October 2011
9
Well thought out legislation

respects and conforms to Lebanon’s Constitution

has a purpose and is designed to achieve the purpose

lasts, and should not need frequent amendment

is understandable, efficient and effective

uses the court system appropriately but does not over-burden it with litigation or
prosecutions

keeps compliance costs to a minimum for government and for those to whom the
legislation applies

is enforceable and is enforced

gives credibility to the sovereignty of the law.
If proposed legislation is not well thought out

rights and liberties could be put at risk

public opposition may prevent passage of the law

unnecessary financial and administrative costs to government, business and the
public are likely

implementation and enforcement of the law may be difficult or impossible

confidence in the sovereignty of the law and democratic society is undermined.
I.6 Importance of legislation
Developing, reviewing and debating proposed laws – making the law – is a critically
important function of Lebanon’s democratic society. The law made by Parliament
becomes part of the fabric of the rule of law that Lebanon’s Constitution recognizes as
sovereign.
The sovereignty of law demands careful attention to how that law is developed, reviewed,
what it says, and how it says it.
10
Legislative Analysis: October 2011
I.7 Process for presenting and enacting legislation
Once proposed legislation has been prepared, the process for its presentation to the
Chamber of Deputies and the process of review, debate, amendment and enactment is
governed by parliamentary rules and the Constitution.4 The following summarises the
process:
Draft law
A draft law is a legislative initiative that comes from the government; it is accompanied
by a statement of grounds that explain the objective and the content of the draft
submitted.
Law proposal (Bill)
A law proposal is a legislative initiative that comes from a deputy; the proposals are
submitted to the Chamber through the Speaker accompanied by a memorandum that
explains the grounds for the proposal; the proposal shouldn’t be signed by more than 10
deputies.
Urgent draft law
The government has a constitutional right enabling it to give a draft law an urgent
character. The Parliament must put it on the agenda of its General Assembly and settle it
within 40 days, otherwise the government can issue the law by virtue of a decree.
Urgent law proposal (Bill)
An urgent law proposal is a legislative initiative coming from one to ten deputies in
which, through a justification memorandum, there is a request to discuss the proposal
urgently provided the law is of one article.
The Parliament votes on the urgent character of the law and, if accepted, the issue is
discussed straight after and voted. If the law proposal is refused, it is referred to the
concerned committee.
4
See the Constitution, Chapter II, Legislative Power.
11
Legislative Analysis: October 2011
I.8 Legislation governing process
Parliamentary rules on process
Article 101: Bills are submitted to the Parliament through the Speaker with a
memorandum attached including the justifying causes. A Bill shouldn’t be signed by
more than ten Deputies.
Article 102: the Speaker has to refer the Bill to the concerned committee or committees
and deposit it at the government for information, unless the statutes provide for special
procedures.
Article 103: the submitted Bill is recovered by a Presidential decree before it is finally
voted by virtue of another Presidential decree.
Article 104: each deputy having submitted a Bill has the right to recover it by a written
letter submitted to the Speaker. If the Bill hasn’t been referred to the Assembly yet, the
recovery is achieved by virtue of a written order from the Speaker. If the Assembly has
already started discussing the Bill, it can only be recovered upon Assembly approval.
If the Bill to be recovered has been adopted by only one deputy, the Parliament has to go
on examining it.
Emergency aspect: section two – parliamentary rules
Article 105: when the government exercises its right provided for in article 58 of the
Constitution and decides- with the approval of the Cabinet- to grant the emergency aspect
to a Bill of law, by noting this in the referral decree, the 40 days period only starts as of
the referral date to the Assembly after having included it on the plenary agenda, reading it
during the plenary meeting and after the timeline is passed without having settled it.
Article 106: the Speaker refers the urgent Bill as soon as it is submitted to him to the
concerned committee or committees that have to study it and make a report about it
within maximum 15 days starting as of the date the Bill is referred to the Assembly.
Article 107: when the urgent Bill is submitted to the Assembly, the Speaker may, at his
own discretion or upon the request of one or more deputies, consult with the Assembly as
to examining the Bill instantly before other matters.
Article 108: the period separating between two sessions is not counted within the 40 days
limit.
If the decree on opening an extraordinary session doesn’t state that it enables the
Assembly to study the urgent Bill, the 40 days period remains pending.
12
Legislative Analysis: October 2011
Article 109: the Speaker can suggest the urgent Bill or proposal to the Assembly at the
first session to be held after the Bill is submitted, even if it was not included on the
agenda.
Article 110: the government or any deputy has the right – when an urgent Bill is
submitted- to ask for a memorandum explaining the emergency aspect, provided the Bill
is of one article.
Article 111: the government is the only party having the right to delay discussing an
urgent topic and postpone it till the following session; the Speaker has to grant it in the
requested time without consulting with the Assembly.
Article 112: the Assembly discusses first the emergency aspect of the Bill and proceeds
to voting it; if the emergency aspect is approved, the Assembly starts discussing the issue
and voting it without referring it to the concerned committee or committees.
Article 113:
In case the Assembly refuses the emergency aspect of the Bill, the latter is referred to the
concerned committee or committees and follows the regular track.
I.9 State Council advisory prerogatives in legislative issues
The State Council in Lebanon is the highest reference to supervise the drafting of
legislative and organizational texts. The law has given it a large administrative mission of
advisory aspect. As its appellation shows, it is the advisor of the state in legislative,
organizational and administrative issues. Its advisory prerogatives have been defined in
articles 56-59 of its statutes as follows:
The Council is to be optionally resorted to in draft laws, international covenants
and non-organizational circulars and in any other important topic where the
Cabinet sees it necessary. The Minister of Justice may ask the head of the State
Council to appoint one judge to help the administrations draft these texts.
The Council is to be resorted to mandatorily in draft legislative decrees and
organizational texts, including the organizational circulars that aim at adding new
provisions to law and order.
The opinion given by the State Council isn’t considered binding on the administration,
but practice has shown that the administration generally follows the observations given
by the Council related to the draft laws referred to it and the administration generally
respects opinions of the State Council on important issues referred to it by the cabinet. In
general, the number of draft laws referred to the Council is increasingly growing.
13
Legislative Analysis: October 2011
The advisory competence of the State Council is one of the efficient means enabling it to
oversee the legitimacy and avoid any diversion from constitutional and legal principles;
thus, it becomes a partner in consecrating the democratic track and building the state of
right and law.
Jurisprudence in Lebanon, like France, is still resorted to because it is considered as
contrary to due process and a violation of law and order if texts that must be referred to
the State Council are not sent to it; this may cause their annulment. Consequently, the
judge has to raise the issue immediately.
Following is the text of articles 56-59 describing the mission of the State Council in
administrative and legislative issues figuring in chapter three of the Council statutes:
Article 56- contribution of the State Council to draft law preparation
The State Council contributes in the drafting of laws; it gives its opinion in drafts referred
to it by ministers, suggests the modifications it sees necessary, it prepares and drafts the
texts asked of it. For that purpose the Council has the right to make all the required
investigations and resort to the opinion of experts.
Article 57- mandatory advisory role of the State Council
The State Council needs to be consulted in draft decrees and organisational draft texts
and all the issues that are to be referred to it for advice by law.
It can be referred to in draft international treaties and draft circulars and any other topic
that the cabinet decides to consult it for.
Article 58- referral of drafts to the State Councils
The concerned minister refers the drafts and all topics provided for in the previous two
articles to the State Council.
Article 59- appointing one of the cabinet members to assist administrations
The minister of justice can ask the head of the State Council to appoint one of the council
members to assist administrations in the preparation of draft texts provided for in articles
56 and 57 of the present.
14
Legislative Analysis: October 2011
CHAPTER II: PROPOSED LEGISLATION: THE CONTENTS
II.1 Comprehension
If a law is understandable

it is likely to be read and complied with

administrative costs are likely to be reduced

respect for the law will be enhanced.
Some factors that increase comprehension of legislation are:

a logical arrangement of the text

a systematic approach to drafting that breaks up the text into units of information
that relate to each other

a uniform numbering system

consistent terminology

using grammatical language and terms that are as simple and understandable as
the subject matter of the legislation allows

explanatory notes accompanying proposed legislation when it is presented to the
Chamber of Deputies that describe the reasons for the legislation, its purpose, and
a simple description of its major components.
II.2 Legislative intention – new laws
Behind every law is an intention. It is often helpful if the intention – the purpose – of a
proposed new law is made explicit. A well crafted statement of purpose in a proposed
new law

helps deputies understand the proposal and helps to support a transparent lawmaking process

provides context for understanding, and subsequent administration, enforcement
and interpretation of the law
15
Legislative Analysis: October 2011

avoids others reading the law creating their own purpose of the law – which may
not be accurate

provides a focus for public and political debate and understanding.
II.3 Application of the law
Is it clear to whom the proposed legislation will apply? For the public, a most critical
question is – does the law apply to me? For commerce and industry, a stable economic
environment is fostered by legally certain rules applied consistently. When reviewing to
whom proposed legislation is to apply, identify any

uncertainty of application of the proposed legislation

any potential for the arbitrary application of the law

any missing checks and balances on the exercise of administrative discretion in
applying the law.
II.4 What will the legislation do?
Legislation is pervasive. It affects almost everything we do in one way or another.
Legislation can take innumerable forms - here are some examples of what a law can do:

declare

create rights or benefits or removes them

create institutions

prohibit, regulate, or impose obligations on activity

permit or authorize an activity or require or restrict an activity

provide remedies and impose penalties.
16
Legislative Analysis: October 2011
If legislation is to be complied with it must be understandable. Each type of legislation
needs a different series of considerations. The following are some basic issues to be
considered when reviewing particular types of proposed legislation or particular
provisions in proposed legislation:
Legislation that declares
Declaratory legislation comes in a number of forms – for example, the adoption of a
United Nations Convention; a treaty; the declaration of a holiday or celebration.
The declaration itself is relatively straightforward. More complex is the effect of the
declaration – for example:

what effect is the adoption of a United Nations Convention to have? Is it intended
to change the law? If so, how and what laws need amending to implement it?

is the declaration of a celebration intended to have legal effect – for example, is
the declaration to affect an agreement between an employer and his or her
workers about holidays or holiday pay?
Legislation that creates rights or benefits
When rights, benefits and obligations are created – in addition to being clear about the
right, benefit or obligation – the administrative mechanism for delivering the right,
benefit, or imposing the obligation, must be worked through. That process may be in the
new law or the new law may authorize subsidiary legislation to establish the details.
Either way, the whole process should be thought through to avoid later confusion, delay
and litigation.
Consider what right of appeal or review may need to be included in the proposed
legislation, who the appellate or review body should be, and whether options for other
forms of conflict resolution should be provided for in the legislation.
Legislation that prohibits, regulates or imposes obligations
A law that prohibits, regulates or imposes obligations should be designed to fit the
problem that requires the prohibition or regulation. The following possibilities should be
considered:

providing incentives for compliance and disincentives for non-compliance should
be considered

providing for self-enforcement or for a mutually agreed system of conflict
resolution
17
Legislative Analysis: October 2011

seeking ways to avoid burdening the court system unnecessarily.
The nature of the prohibition, regulation, or obligation proposed to be imposed by
legislation and the persons on whom the regulation or obligation is imposed obviously
need to be clear. For example, if the obligation imposed by proposed legislation is to pay
a tax, the person liable to pay it, the method of calculation, and the administrative process
for imposition, collection, and enforcement – with appeal and accountability mechanisms
– all need to be considered.
The critical components of legislation that prohibits include:

clarity about who the legislation applies to

what the prohibition is

what the consequence of non-compliance is

who will enforce the prohibition, and

how the effectiveness and efficiency of the prohibition will be measured and
reported and who will be responsible for doing so.
For more comment on enforcement of legislation, see paragraph II.13.
Legislation that permits or authorizes
Often legislation that permits something to be done creates a permitting or licensing
scheme so that if the person permitted or licensed does not operate in accordance with the
rules, their permit or licence can be removed – subject to a right to appeal or review.
Authorizing legislation can also give legislative authority to an official or institution to do
something that, without the legislation, they would not be able to do. Authorizing a local
authority to make rules for the governance of the municipality or a Minister to make rules
for the operation of a government program are examples.
II.5 Legislation creates change
Every new law makes a change. New laws are usually relatively clear in the change they
propose for the future. What is sometimes overlooked is the effect that the new law will
have on other existing legislation and on rights, privileges, processes, agreements and
other matters that exist when the new law comes into effect. Careful thought about the
effect that a new law will have will avoid conflicts in legislation and deal with the
consequences that a new law will have on existing situations.
18
Legislative Analysis: October 2011
One of the most difficult technical aspects of law-making is to identify what change a
new law should make to existing legislation and jurisprudence and then in drafting the
amendments needed.
II.6 Effect on existing legislation
New legislation often affects existing legislation and frequently requires that existing
legislation be amended so that the existing law will work well with the new law.
When a new law amends existing legislation, the new law should

name the existing law or laws it will affect and specifically repeal, change or add
to the existing law so that the existing legislation and the new legislation are
consistent and harmonious

use a textual amendment system which involves identifying, with particularity,
the existing legislative provision to be repealed or changed, or specify what is to
be added to the existing legislation and where.
A textual amendment system is preferred because it

is more precise

is more understandable

is likely to lead to less conflict between laws.
The amendments required to existing legislation each need to be considered carefully.
The aim is for seamless amendments so that legislation is a coherent and harmonious
whole, without conflicts or uncertainties between laws. Consequently, a careful analysis
of the legislation being amended is necessary to ensure that the amendments resolve
conflicts and maintain a coherent legislative scheme.
II.7 Effect on existing rights, privileges or obligations
If an Act is to be repealed or amended, the provisions to be repealed or amended must be
carefully reviewed to determine what existing rights, privileges and obligations exist that
will or may be affected by the new legislation and how those rights, privileges or
obligations are to be continued, ended or modified under the new legislation. In some
cases compensation may be appropriate.
19
Legislative Analysis: October 2011
II.8 Effect on processes, appointments, agreements and proceedings
A new law often needs provisions to transition processes, appointments or proceedings
under an existing law into the new law. So, if a new law replaces an existing law

have all processes under the existing law been dealt with by the new law – for
example, have applications, appeals, other proceedings, or prosecutions-inprocess for offences under the repealed law been continued or otherwise dealt
with under the new law?

if an existing institution is to be replaced with another, are the appointments of
members of the existing institution terminated or are they continued as members
of the new institution? Similar consideration should be given to employees,
agreements, legal arrangements and other activities under the existing law – what
is to happen to them under the new legislation?

are regulations, rules or other legal instruments under the existing law continued
or repealed by the new legislation?
Some transitional provisions will usually be needed in proposed legislation when

a new law replaces an existing law

an amending law replaces provisions of an existing law

a law is repealed and not replaced.
II.9 Retroactivity
It is fundamental that, except in limited circumstances, legislation should not be made
retroactive or have retroactive effect; or, if legislation does have that effect, that the effect
be considered and, when necessary, compensation be provided.
Although legislation may come into force on a future date it may still have a retroactive
effect.
For example, if a landowner has a right to develop property (for example by building a
residential or commercial building) and for public safety reasons the Parliament wishes to
limit, prohibit or put stringent development conditions on an area of land for which the
landowner already holds a development permit, the law will have a retrospective
operation – the landowner’s right to develop is affected – what the landowner thought he
or she could do cannot now be done or cannot be done in the way the landowner
anticipated.
20
Legislative Analysis: October 2011
The point is to identify the retroactive effect of a Bill and consider how that effect should
be addressed in the new law, if at all. That analysis will avoid unforeseen consequences
of the new law. Often, consultation on the law before or after proposed legislation is
presented to the Chamber of Deputies, but before it is passed by the Chamber, will raise
issues that, until those directly affected by the proposed legislation point them out, are not
foreseen.
Retroactive legislation can be acceptable – for example,

taxation provisions – it is often desirable to announce the tax and then impose the
tax as of the date of the announcement to avoid tax avoidance

when the legislation confers a benefit – a retroactive benefit is not objectionable

to confirm a past appointment of a person.
II.10 Financial implications
If a law needs to have resources, financial or administrative, but does not, it will fail.
Some basic questions about the financial implications of proposed legislation include

what are the financial costs and human resources required to implement the law?
These costs and human resources include start-up costs, educational, training and
informational costs, and ongoing administrative and enforcement resources and
costs, and monitoring and review costs

are the required expenditures part of the current approved expenditures of
Parliament under the Budget Law? If not, how will the cost be paid?

what are the potential human and financial benefits of the proposed legislation?

do the benefits of the proposed legislation outweigh the costs?
If the estimated costs have been budgeted,

which government department is responsible for financial oversight?

are any financial components of the law missing – for example, will the law add
an additional burden on existing government departments or the court system, and
has that been taken into account in financial and human resource planning?
21
Legislative Analysis: October 2011
If a tax5 or charge is imposed, is it clear who must pay the tax or charge, and when? Are
the mechanisms to impose, collect and enforce payment in place?
II.11 Administrative arrangements
Good administration can make poor laws work; poor administration can result in good
law failing.
The administrative implication of new law address the efficiency and effectiveness of
legislation. Critical components of this include

avoiding duplication or conflict of laws, overlapping mandates of individuals or
institutions, and avoiding a multiplicity of decision-makers

clarity about the government department or institution that is responsible for
administering the legislation and clarity about enforcement roles and
responsibilities

efficient processes that avoid delay, expedite decision-making and avoid
unnecessary “red-tape”.
II.12 Recurring legislative provisions
Some types of legislative provisions occur repeatedly in legislation over time. Instead of
reinventing the questions to be asked and the issues to be addressed each time, it is
helpful to gather the basic questions so that the drafter has a starting point for drafting
and deputies have a series of standard questions they can consider. The answers to the
questions will vary, depending on the nature of the law to be made, but the questions
should be enduring.
The following are two illustrations of the kinds of provisions that are likely to appear
repeatedly in legislation.
5
The Constitution, articles 81 and 82 read:
81 No public taxes may be imposed and no new taxes established or collected in the
Lebanese Republic except by a comprehensive law which applies to the entire Lebanese
territory without exception.
82 No taxes may be modified or abolished except by virtue of law.
Legislative Analysis: October 2011
22
Creation of institutions – basic questions
One kind of legislative provision that is likely to occur repeatedly over time is the
creation of institutions, the appointment of members, and the mandate of the institution.
When an institution is created by legislation, commonly asked questions should include:

who appoints members of the institution? If the person appointing is unavailable,
or the office is vacant, can someone else do the appointment?

how long are the terms of office of members? Can they be reappointed – an
indefinite number of times – for a limited number of times?

does the institution set its own rules of procedure? Should they be approved, if so
by whom? Should a quorum be set for the institution to do its business in the law
or left for the institution to decide?

are members of the institution subject to a Code of Conduct? If not, should they
be? What happens if a member does not abide by the Code, or a complaint is
made about the conduct of a member?

are meetings of the institution public or private? Are the meetings public unless
the institution resolves to go into private session? Or, are the meetings private
unless the institution resolves to go into public session?

is any public participation required or expected in the institution’s work or
decision-making? If so, what is the nature of the participation?

should decisions of the institution be reviewable by a court or other entity? If so,
is the procedure for doing so known?

what is the mandate of the institution – is it sufficiently broad to do an effective
job? What legal authority does the institute need? (for example, to enter into
agreements, to make rules, to inspect, to enforce)

will the institution’s mandate affect other entities or government departments –
have possible conflicts and duplication been resolved?

to whom will the institution be accountable? A Minister – the Chamber of
Deputies?

who will audit finances and operations and when, and how will this be reported?

how will the institution be resourced – its staff; its funding; employees? Are staff
to be appointed solely by the institution or is the appointment subject to approval?
23
Legislative Analysis: October 2011

what is the legal status of the institution – is it a legal entity separate from or part
of the government?

is the institution intended to be independent of government? If so, how is that
assured in the legislation – for example:


by members being appointed by the government but only terminated for
improper conduct by resolution of Parliament

assured financial resources

a clear legislative mandate

the ability to appoint and terminate its employees
if the government is to direct or influence decision-making by an institution – is it
clear how this is to be done, for example, by the legislation

authorizing written public directions from a Minister to the institution
about how it is to fulfill its mandate

requiring Ministerial approval of rules, decisions, processes

requiring approval by the Minister of appointment of staff, and
termination of staff only with Ministerial consent

requiring approval or permitting a veto by the Minister of decisions of the
institution.
Subsidiary law
In today’s society, Parliaments cannot legislate every rule that may be necessary to
implement or operate a law. To deal with this, Parliament may delegate some forms of
law-making, within prescribed limits and subject to conditions, to a Minister or entity
named in a law.
The basic components and criteria for delegating law-making authority are:

the person or entity having delegated law-making power must be named in the
authorizing law and that authority should not itself be capable of delegation

the delegated power should be sufficient to do the necessary job but should not
convey overly broad powers or powers that could conflict with or override the
principal law or other laws
24
Legislative Analysis: October 2011

the delegated power should usually be related to technical or procedural detail to
make the law work, and not convey substantive rights or impose substantive
obligations

the regulations should be tabled in Parliament and subjected to review by a
Parliamentary Committee. The regulations could be made subject to approval or
a veto if they are significant

the regulations must be published and be publicly available.
When delegating legislative power, the right balance must be found between giving an
appropriately worded power so that the delegate can do its work while not “overauthorizing” the delegate by giving it too much or an open-ended authority. This is often
a difficult balance and could involve sharing the delegated authority.
II.13 Enforcement and compliance techniques
If a law is not enforced or is not enforceable it is ineffective and the purpose of the law is
unlikely to be achieved.
Ideas about the enforcement of legislation are evolving from exact prescriptions of
behaviour, a contravention of which makes the transgressor liable to a fine or
imprisonment, towards

a more open ended description of goal-oriented rules enforced by government
appointed or accredited inspectors or self-governing agencies

legislative schemes which look to methods of rewarding or providing incentives
for compliance with the law with enforcement only as a last resort

self-regulation with sectorally administered enforcement and privatization of
inspectorate functions.
Legislative schemes can make it easy to admit guilt, and pay a fine or correct an error
voluntarily, for example through a ticketing and voluntary payment process.
25
Legislative Analysis: October 2011
II.14 Why enforcement policies are changing
Modern enforcement schemes have changed from pure prosecution to various models of
positive compliance for many reasons, including

pure policing and prosecution is costly, time consuming, and often ineffective in
achieving the underlying purpose of a law

older enforcement methods treat a symptom but not the underlying problem

enforcement tends to rely on government employees and not on the acceptance of
standards seen to be appropriate by those affected by them

some precise laws quickly become out-dated as technologies and practices change
and lack of enforcement causes disrespect for the rules

penalties are applied only if an inspector discovers the contravention. Even with
good resources and unscheduled inspections, contraventions are not all caught.
The quasi-criminal nature of some enforcement processes makes success difficult,
developing a built-in incentive to cover up contraventions of the law

fixed penalties become out-dated and are often seen as little more than a licence
fee for the contravention, if the law is enforced at all.
II.15 Range of compliance mechanisms
A modern concept of enforcing legislation is reflected in the terminology – compliance
rather than enforcement. A modern approach often involves those affected by the
legislation helping to design it. This involvement often results in higher compliance rates
because:

the standards are known and understood by those who must comply with them

the technical quality of the law is usually better because of the participation of
those to be regulated

those to be regulated may undertake some self-regulation

compliance incentives are industry-specific and so likely to be more effective

systems of law monitoring, review and revision can keep the law up-to-date.
26
Legislative Analysis: October 2011
II.16 Examples of compliance approaches
Modern compliance and enforcement legislative schemes typically provide a phased
approach to compliance which may include some of the following approaches:

strong promotional, informational, educational, and advisory support for the
regulatory scheme
[Those who are well-intentioned need only good information to comply with the
law. Often good information is the best and least expensive compliance
mechanism.]

advisory warnings
[General or specific notices sent out to the regulated sector warn them of actual
or potential contraventions and the consequences.]

mediation and facilitation
[If the issue in dispute is between two or more persons, some form of facilitated or
mediated discussion may resolve the issue.]

correction notices
[Typically, the notice is issued by an authorized or accredited government official
and directs improvements or corrections be made within a specified time in order
to avoid a penalty. The notice may be no more than a warning or it may have
consequences for non-compliance. See also corrective/remedial orders below. If
there is a penalty attached to the notice for non-compliance, there will be a right
to have the notice reviewed or appealed.]

publication of notices
[Sometimes public pressure can be effective. The legislative scheme may
authorize publication of real or potential contraventions of the law. Publicity
could be used at various points on the continuum of compliance mechanisms.]

compliance agreements
[If a problem is identified and recognized, negotiation can result in an agreement
to correct the problem by taking specific action within a specified time. Failure to
follow the compliance agreement may be a contravention of the law. Financial
incentives for compliance and disincentives for non-compliance may also be part
of the agreement.]
27
Legislative Analysis: October 2011

ticketing and voluntary payment
[The concept of giving a violation ticket with an option for voluntary payment of
the fine, often at a discount for prompt payment, is a viable option for some
compliance schemes.]

corrective/remedial orders
[These orders direct that some action be taken or stopped. The order may or may
not demand some form of penalty be paid. The order would be subject to appeal.]

demerit point system for non-compliance with the law, allowing some points to be
earned back by taking educational or other courses. Once a stated number of
demerit points is imposed, severe consequences result

self-activating arbitration processes
[A form of compulsory and binding arbitration can be imposed through a
legislative scheme if a dispute involves two or more people, and assuming no
government intervention is necessary.]

creation of legislated claims for compensation
[Examples of legislative claims for compensation in the courts or through
specially created tribunals could include workers' compensation claims for
injuries at work; claims resulting from contraventions of human rights and
landlord and tenant legislation, and compensation for victims of crime.]

creation of offences, linked with additional remedies
[In addition to other compliance strategies, legislative schemes usually include
provision for prosecution for contravention of the law. Sometimes the court is
provided with additional powers, not only to impose a fine and imprisonment but
also to remedy the underlying problem. For example, ordering payment of wages
or correcting contraventions of a law, or impounding goods that are used in the
contravention.]
II.17 Summary of compliance and enforcement issues
In summary, when analyzing the enforcement or compliance provisions of proposed
legislation, consider whether the law will create a scheme that, as far as possible,

uses lower cost, least adversarial, and voluntary mechanisms first – including
incentives and disincentives, to gain compliance with the law
28
Legislative Analysis: October 2011

uses adjudicative processes as a last resort

if possible, allows options to loop back to lower cost, least adversarial and
voluntary mechanisms at appropriate points in the enforcement process

uses the court system appropriately but does not over-burden it.
II.18 Accountability mechanisms
When a new law is passed by Parliament, it is passed with a purpose. But are there
mechanisms in the legislation, or elsewhere, to monitor the law and check periodically

whether the law is achieving or has achieved its purpose?

that the purpose is still relevant or should be modified?
The initial means of ensuring accountability for the operation of legislation is by naming,
in the law, the title of a Minister or a government institution responsible for the
administration of the legislation. Questions about the legislation, its administration and
its operation can then be referred to the named Minister or institution.
In addition, the accountable Minister or institution could be required by legislation to
provide publicly available reports on how their legislative responsibilities are being
managed.
Various mechanisms, by legislation, by rules of Parliament, or by policy, can be used to
check the effect and relevance of legislation. These mechanisms could include:

a requirement in the law for periodic reports to the Chamber of Deputies which
could require a Minister or institution to report on whether a law is meeting or has
created a trend toward meeting its purpose

the law could require other entities, for example, a permanent or special
committee of the Chamber of Deputies, to review the legislation periodically to
check the effectiveness and relevance of the law

independent agencies could be mandated to review legislation – law commissions;
think tanks; institutions; expert panels – and provide a public report.
29
Legislative Analysis: October 2011
II.19 Is the legislation working?
Law is enacted for a purpose – if the way the law is working is not given a regular checkup, no one can tell how well the law is working and whether the purpose of the law is
being achieved. The following suggestions identify issues that can help accountability,
monitoring and review of legislation to keep it up-to-date and effective.
One way to check on a law’s effectiveness is to have sufficiently reliable data that
provides a base for future comparison to see if the new legislation is having the desired
effect or is creating a positive trend. Consequently, as part of a regulatory assessment
analysis or as part of public policy development, some reliable data should be collected
or established for future comparison. Subsequent monitoring and reports can then use the
base data in helping to decide on the effectiveness of the law.
Efficient and effective laws

give society confidence in the law

provide a good basis for economic growth

do not create an overburdened bureaucracy

do not create too much “red tape” for the public and business.
Perhaps the most dramatic form of “review” of legislation is a “sunset clause”– a section
in the legislation that says the law is repealed at a certain future fixed date unless the law
is amended to extend the law’s life. Sunset clauses are typically used for legislation
required in emergency situations for limited periods of time, but are sometimes found in
other legislation6 – for example, taxation which is promised to be “temporary”.
II.20 Review of the whole body of Lebanon’s legislation
There is a broader responsibility on Parliament to consider not only individual proposed
laws, but the whole body of existing legislation that creates the rule of law in Lebanon.
In particular,

is the legislation accessible? Can people get up-to-date copies of it and have a
reasonable chance of understanding it?

is the body of law coherent and consistent?

is legislation kept up-to-date in the way it is written and the topics it deals with?
6
Article 30 of Lebanon’s Constitution contains another example of a sunset clause.
Legislative Analysis: October 2011
30

are obsolete and unenforceable laws repealed?
These and related functions are often neglected which, over time, causes

disrespect for the law

conflicts between laws

inaccessible law

more and more difficulty in finding the law

more difficulty in researching and creating new law.
At a minimum, there is need for program reports and periodic auditing of legislative
schemes. The opportunity for input by those affected by the law could be advantageous,
and the role of committees of the Chamber of Deputies could be enhanced with this
responsibility.
31
Legislative Analysis: October 2011
CHAPTER III: CONSTITUTIONAL ISSUES AND INTERNATIONAL
OBLIGATIONS
A modern human rights-based approach to government requires ministers and
administrators to tailor activities and programmes to meet fundamental human rights
standards; legislators to scrutinise legislation and review executive action for
compatibility; and an independent and impartial judiciary to control excesses. This type of
proactive, front-loaded approach to human rights protection aims to remove the onus from
individual victims of human rights abuse to seek legal redress and to ultimately reduce
the risk that violations will happen at all.7
III.1 The Supreme Law
The Constitution of Lebanon is Lebanon’s supreme law. Consequently, all laws enacted
by Parliament must respect and conform to the Constitution. The State Council is
established to advise on constitutional, legislative and administrative issues. (See
paragraph I.9.)
Article 19 of the Constitution establishes a Constitutional Council to supervise the
constitutionality of laws. The jurisprudence of the Council must be kept in mind in
preparing legislative initiatives.
III.2 Recognition and protection of human rights
Lebanon legally recognizes and protects the human rights of its citizens in two
fundamental ways:

through statements in the Constitution of Lebanon, which include in the
Preamble, Chapter II, the following statement
‘Lebanon is... a founding and active member of the United Nations
Organisation and abides by its covenants and by the Universal
Declaration of Human Rights. The government shall embody these
principles in all fields and areas without exception.’
7
Human Rights and Parliaments: Handbook for Members and Staff , The Westminster Consortium
(March 2011) p 20.
Legislative Analysis: October 2011
32

by subscribing to the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights and treaties
addressing specific human rights issues.
III.3 What are human rights?
The Westminster Consortium’s Human Rights and Parliaments: Handbook for Members
and Staff describe “human rights” in these terms:
A distinction is generally drawn between ‘civil and political’ rights and ‘economic,
social and cultural’ rights. As explained in Part I, these two categories of rights
were both included in the Universal Declaration but are protected by two different
international Conventions.
Civil and political rights are those rights traditionally seen to protect the dignity of
the individual in law and which guarantee a person’s right to participate in civil and
political society. These include the right to life, liberty and the right to personal
integrity; the right to equality before the law; due process rights; the rights to
freedom of expression, association and assembly; and the right to freedom of
thought, conscience and religion.
Economic, social and cultural rights are those which people need to ensure their
personal, social and economic development and identity. These rights include, for
example, the right to an adequate standard of living and housing; the right to
education, health and well-being; the right to work; and the right to social security.
Cultural rights specifically recognise the value of traditional cultural practices and
affiliations to personal and individual development, for example, protecting the
right to benefit from culture such as the right to indigenous land, rituals and shared
cultural practice. Cultural rights generally include language rights.
‘Third generation rights’ are rights recognised in international law which do not
naturally fit in either of these categories of protection, for example, the right to a
clean environment.
33
Legislative Analysis: October 2011
T able 4: l ist of basic civil and political rights , economic, social
and cultural rights
Civil and political rights
Economic, social and cultural rights
The right to lifexiv
Adequate standard of livingxv
The right to be free from torture,
inhuman and degrading treatment or
punishmentxvi
Housingxvii
Freedom from slavery and servitudexviii
Healthxix
The right to liberty and security of
the personxx
Educationxxi
Equality before the lawxxii and the right
to equal treatmentxxiii
Freedom from hungerxxiv
Right to a fair hearing by a independent
and impartial tribunalxxv
The right to participate in cultural lifexxvi
Protection from retrospective
punishmentxxvii
Social Securityxxviii
The right to privacy, family, home
and correspondencexxix
Just and favourable conditions of
work,xxx including:
Freedom of thought, conscience
and religionxxxiv

the right to strike; xxxi

protection of families, expectant
and recent mothers and
children;xxxii and

prohibition on child labour.xxxiii
Freedom of expression, association and
assemblyxxxv
The right to marry and found a familyxxxvi
The right to participate in free and
fair electionsxxxvii
The right to an effective, legal
remedyxxxviii
III.4 International obligations
In addition to subscribing to United Nations Conventions, Lebanon is a party to
international agreements and treaties. If proposed legislation affects or may affect
Lebanon’s international obligations, care must be taken to comply with any international
obligations.
34
Legislative Analysis: October 2011
III.5 Particular legislative examples
Human rights and their protection covers a vast array of possibilities. The following are a
few examples of the way in which human rights and the greater public interest can be
balanced, and human rights can be protected.8
Arrest or detention
For a variety of reasons, legislation may authorize the arrest or detention of individuals.
These powers should be exercised

on the basis of reasonable cause

by those appropriately trained to exercise them

by giving reasons for the arrest or detention

by providing for judicial oversight and intervention.
The legislation should provide access to legal and other advice and provide a due process
public trial process or ability to challenge the detention, within a reasonable time, by a
court or independent agency.
Right of entry
For a variety of reasons, legislation may permit authorized persons to enter premises9 to
conduct a search and seize property. These powers should

be exercised only on reasonable grounds by persons appropriately trained

be exercised subject to judicial review

deal with the return or confiscation of property seized

be subject to judicial oversight and intervention.
8
9
For a comprehensive and helpful review of this subject see Human Rights and Parliament:
Handbook for Members and Staff, The Westminster Consortium, March 2011.
Article 14 of the Constitution reads:
The citizen’s place of residence is inviolable. No one may enter it except in the
circumstances and manner prescribed by law.
Legislative Analysis: October 2011
35
Administrative discretion – appeal or review
Legislation may give discretion to an entity or official to grant or withhold rights,
privileges or benefits. The legislation should

provide a process for applying for the benefit or imposing the obligation

usually, require reasons to be given for making a decision

provide for a right of appeal or review of the decision to an independent person or
institution.
Protection of property rights
For a variety of reasons, legislation may authorize interference with or the taking of
private property.10 The legislation should

establish a public process requiring reasons for the interference or taking

require advance notice

provide for review or appeal

establish a means of compensation proportionate to the interference or taking

provide for judicial oversight and intervention if required.
Protection of personal and proprietary information
For a variety of reasons, legislation may authorize government or government agencies to
require individuals to disclose personal or proprietary information. Legislation that does
so should ensure that the information disclosed for one purpose is not used or disclosed
for other purposes.
10
Article 15 of the Constitution reads:
Rights of ownership are protected by law. No one’s property may be expropriated except
for reasons of public utility in cases established by law and after fair compensation has
been paid beforehand.
Legislative Analysis: October 2011
36
CONCLUSION
This document is intended to help make Lebanon’s legislation the best it can be by asking
questions of proposed legislation. The questions

check whether fundamental legislative issues have been considered and addressed
in the proposed legislation, and

seek to ensure that the legislation has no unintended consequences.
The checklist questions should be periodically reviewed to add to the collective wisdom
of parliamentarians and those who prepare legislation for parliamentary consideration.
Through periodic reviews, the checklist questions can increase the collective wisdom of
those who make or help make the law, and so help ensure the best considered legislation
for Lebanon’s democratic republic.
37
Legislative Analysis: October 2011