The Sausage Machine

Otto von Bismarck is credited with the comment - ""Laws are like sausages, it is better not to see them being made."

Perhaps that comment is understandable - making laws can be messy. As different views are expressed, it can look like endless argument. That is one of the reasons that many voters are put off politics. But it is necessary. In a democracy laws should not be handed down from on high. Members of legislatures are there to express the (very often) quite differing views of citizens. As a consumer I want my rights protected; "sharp" practices outlawed; dangerous products prohibited; and redress if my person or my property is injured by someone else's actions. A business wants "red tape" to be minimised or abolished. A right for me may limit your rights.

These things need to be discussed. Experience and "common sense" may need to be applied to an idea that a policy maker has come up with. Different perspectives need to be applied so that the danger of the "law of unintended consequences" is lessened.

The legislative process may be messy - it may be long - but it is vital. Citizens need to know how law is made - so that they can - when they need to - become involved in the process. They can ask their representative to support or oppose a particular measure - or advise of the consequences which the legislator may not realise. Often citizens only find out about a measure when it is too late to do anything. They might not know how or when to make their views.

Our democracy is enhanced when citizens know how it works.

(There are some excellent online materials available -

Parliament has a webpage dedicated to explaining the UK's legislative process - http://www.parliament.uk/about/how/laws/passage-bill/.

The classic, "How Our Laws Are Made" for the US Congress is available at http://www.gpo.gov/fdsys/pkg/CDOC-110hdoc49/pdf/CDOC-110hdoc49.pdf.

There is an informative video about the EU legislative process at http://youtu.be/2OQuvbOAb0o.

The French legislative process is explained on the Assemblee nationale (English) website.)

Getting on the Agenda

The second video which forms part of the series on How Law is Made in the UK....



The three points that need to be made to get any idea "on the agenda" are -

1 It is a good idea
2 It can best (only?) be realised by legislation (as opposed to a change in policy or practice not requiring a statute)
3 The matter is so important that it needs to be given high priority

How Our Law Are Made

This booklet is indispensible reading for anyone wanting to understand the legislative process in Congress. I would however suggest that you also read "Unorthodox Lawmaking" by Barbara Sinclair and Walter J Oleszek's "Congressional Procedures and the Policy Process".

The House of Representatives Committee on Rules Legislative Process Program says -

“This brochure is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute. The legislative process is a matter about which every person should be well informed in order to understand and appreciate the work of Congress. It is hoped that this guide will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal.

Link to the Table of Contents for “How Our Laws Are Made”:
http://thomas.loc.gov/home/lawsmade.toc.html

Link to the entire document “How Our Laws Are Made”:
http://www.senate.gov/reference/resources/pdf/howourlawsaremade.pdf