Evidence-based legislation

Last updated

Evidence-based legislation (EBL) refers to the practice of using the best available scientific evidence and systematically collected data in the formulation and drafting of laws by legislatures. Rooted in the broader movement towards evidence-based practices, [1] EBL incorporates various elements such as evidence gathering, qualitative and quantitative data analysis, stakeholder assessments, expert input, cost-benefit analyses, and ongoing monitoring and evaluation. [1]

Contents

Overview

The concept of Evidence-based legislation was first introduced by psychologist Gerald T. Kaplan during a conference titled "At the Margins. A Conference on Sex Offender Management in Minnesota 2006. Policy and Management Options for the Most Dangerous Sex Offenders". The conference, held on February 24, 2006, in Minneapolis, Minnesota, was organized by Eric Janus, Esq. Vice-Dean of the William Mitchell College of Law, and centered on policy considerations for managing dangerous sex offenders.

The conference highlighted that legislation concerning sex offenders often gets passed in response to public sentiment and fear, neglecting the need for rational policy deliberation and assessment of potential consequences. Drawing from the evolving standard of evidence-based medicine, Kaplan proposed a similar standard for legislatures when drafting legislation, particularly in areas prone to swift legislative action in reaction to emotionally charged incidents, such as publicized sex crimes. Although initially applied to legislation affecting sex offenders, this evidence-based approach can be extended to other legislative areas.

History

The emergence of evidence-based legislation as a recognized concept is a recent phenomenon, with scant references in legal or academic literature until contemporary times. It was first acknowledged in legal discourse in a publication by Shajnfeld and Krueger. [2] This paper, along with a book by Jenkins, [3] scrutinizes the often irrational approach towards prior sex offender legislation, suggesting "evidence-based legislation" as a countermeasure. The objective is to avert the continued promulgation of emotionally charged, reactionary laws, particularly concerning the management of sex offenders and the reduction of sexual crime. Such hastily enacted laws often fail to adequately consider their practical and economic implications.

The notion of evidence-based legislation also appeared in an op-ed in the Los Angeles Times on March 11, 2007, titled "The new American witch hunt," authored by Richard B. Krueger, M.D.

Cost-Benefit Analysis in Evidence-Based Legislation

Cost-benefit analysis (CBA) serves as a fundamental tool within the framework of evidence-based legislation (EBL). By comparing the anticipated costs and benefits of a proposed legislative action, CBA provides policymakers with a quantitative method for decision-making. This process aids in ensuring that the proposed laws or regulations are economically efficient and beneficial.

The integration of cost-benefit analysis into administrative decision-making was formalized in the United States by President Ronald Reagan's [4] in 1981. The Order set forth five general requirements, the first of which stated that "Administrative decisions shall be based on adequate information concerning the need for and consequences of proposed government action." This mandate underscored the importance of using empirical data, including cost-benefit analyses, as a cornerstone for policy and legislative decisions.

While subsequent administrations have made modifications to the executive order, the fundamental principle of using cost-benefit analysis in policy-making has remained intact. President Bill Clinton replaced Reagan's order with Executive Order 12866 in 1993, which preserved the requirement for cost-benefit analysis but emphasized a more balanced approach. The new order instructed that regulations should only be promulgated if the benefits justified the costs, while also considering values that were difficult to quantify, such as equity and human dignity.

President Barack Obama further refined the use of cost-benefit analysis in [5] in 2011. His order reaffirmed the principles and structures set by Clinton's order and introduced an emphasis on using the "best available techniques to quantify anticipated present and future benefits and costs as accurately as possible." This executive order reinforced the principle of EBL, emphasizing the need for laws and regulations to be based on robust evidence and thorough cost-benefit analysis.

These executive orders highlight the enduring role of cost-benefit analysis in evidence-based legislation, underscoring the importance of rigorous, data-driven decision-making in the legislative process.

See also

Related Research Articles

The precautionary principle is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress.

Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. The implementation of public policy is known as public administration. Public policy can be considered to be the sum of a government's direct and indirect activities and has been conceptualized in a variety of ways.

Cost–benefit analysis (CBA), sometimes also called benefit–cost analysis, is a systematic approach to estimating the strengths and weaknesses of alternatives. It is used to determine options which provide the best approach to achieving benefits while preserving savings in, for example, transactions, activities, and functional business requirements. A CBA may be used to compare completed or potential courses of action, and to estimate or evaluate the value against the cost of a decision, project, or policy. It is commonly used to evaluate business or policy decisions, commercial transactions, and project investments. For example, the U.S. Securities and Exchange Commission must conduct cost-benefit analyses before instituting regulations or deregulations.

Policy analysis or public policy analysis is a technique used in the public administration sub-field of political science to enable civil servants, nonprofit organizations, and others to examine and evaluate the available options to implement the goals of laws and elected officials. People who regularly use policy analysis skills and techniques on the job, particularly those who use it as a major part of their job duties are generally known by the title Policy Analyst. The process is also used in the administration of large organizations with complex policies. It has been defined as the process of "determining which of various policies will achieve a given set of goals in light of the relations between the policies and the goals."

In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.

ALARP, or ALARA, is a principle in the regulation and management of safety-critical and safety-involved systems. The principle is that the residual risk shall be reduced as far as reasonably practicable. In UK and NZ Health and Safety law, it is equivalent to SFAIRP. In the US, ALARA is used in the regulation of radiation risks.

Evidence-based policy is a concept in public policy that advocates for policy decisions to be grounded on, or influenced by, rigorously established objective evidence. This concept presents a stark contrast to policymaking predicated on ideology, 'common sense,' anecdotes, or personal intuitions. The approach mirrors the effective altruism movement's philosophy within governmental circles. The methodology employed in evidence-based policy often includes comprehensive research methods such as randomized controlled trials (RCT). Good data, analytical skills, and political support to the use of scientific information are typically seen as the crucial elements of an evidence-based approach.

<span class="mw-page-title-main">Environmental policy</span> Government efforts protecting the natural environment

Environmental policy is the commitment of an organization or government to the laws, regulations, and other policy mechanisms concerning environmental issues. These issues generally include air and water pollution, waste management, ecosystem management, maintenance of biodiversity, the management of natural resources, wildlife and endangered species. For example, concerning environmental policy, the implementation of an eco-energy-oriented policy at a global level to address the issues of global warming and climate changes could be addressed. Policies concerning energy or regulation of toxic substances including pesticides and many types of industrial waste are part of the topic of environmental policy. This policy can be deliberately taken to influence human activities and thereby prevent undesirable effects on the biophysical environment and natural resources, as well as to make sure that changes in the environment do not have unacceptable effects on humans.

A regulatory impact analysis or regulatory impact assessment (RIA) is a document created before a new government regulation is introduced. RIAs are produced in many countries, although their scope, content, role and influence on policy making vary.

<span class="mw-page-title-main">Tort reform</span> Legal reforms aimed at reducing tort litigation

Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.

Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009), is a decision by the United States Supreme Court that reviewed the Environmental Protection Agency's (EPA) interpretation of the Clean Water Act regulations with regard to cooling water intakes for power plants. Existing facilities are mandated to use the "Best Technology Available" to "minimize the adverse environmental impact." The issue was whether the agency may use a cost–benefit analysis (CBA) in choosing the Best Available Technology or (BAT) to meet the National Performance Standards (NPS).

Raising the age of juvenile jurisdiction in the state of North Carolina has been an ongoing issue in the North Carolina General Assembly. There are currently two pieces of legislation focusing on this issue, Senate Bill 506 and House Bill 632, which seek to raise the age of jurisdiction from 16 to 18. Four members of the North Carolina House of Representatives serve as the primary sponsors and there are twenty-six co-sponsors. Most of U.S. States define an adult at 18 years old; however, North Carolina and New York define a juvenile who has committed a criminal offense as no older than 16, which places 16- and 17-year-olds in a position where they are tried as adults for any offense.

The Financial Sector Legislative Reforms Commission (FSLRC) is a body set up by the Government of India, Ministry of Finance, on 24 March 2011, to review and rewrite the legal-institutional architecture of the Indian financial sector. This Commission is chaired by a former Judge of the Supreme Court of India, Justice B. N. Srikrishna and has an eclectic mix of expert members drawn from the fields of finance, economics, public administration, law etc.

<span class="mw-page-title-main">SEC Regulatory Accountability Act</span> US financial bill

The SEC Regulatory Accountability Act is a bill that was introduced into the United States House of Representatives in the 113th United States Congress. The bill would amend the Securities Exchange Act of 1934 to give new directions to the Securities and Exchange Commission (SEC) governing its regulation creation and amendment process. The SEC would be required to assess the significance of the problem they are considering addressing, determine whether the estimated costs would outweigh the estimated benefits, and identify alternatives to their proposed regulation. The bill is intended to help protect the financial sector from excessive, burdensome regulations created by the SEC. The bill would do this by ordering the SEC to conduct a cost-benefit study before issuing any new rules to ensure that the expected benefits of the new rule would outweigh the expected costs of imposing it.

Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.

<span class="mw-page-title-main">Movement to reform sex offender laws in the United States</span>

The movement to reform sex offender laws in the United States describes the efforts of individuals and organizations to change state laws requiring Sex offender registries in the United States.

The Georgia Council on Criminal Justice Reform is a fifteen-member, non-partisan state commission tasked with conducting annual comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues relates to criminal proceedings and accountability courts in the state of Georgia.

The Rhode Island Innovative Policy Lab (RIIPL) is an interdisciplinary collaboration between the Office of the Governor of Rhode Island and researchers at Brown University. The lab's mission is to help state agencies design evidence-based policies that improve the quality of life for Rhode Islanders.

Triple bottom line cost-benefit analysis (TBL-CBA) is an evidence-based economic method that combines cost–benefit analysis (CBA) and life-cycle cost analysis (LCCA) across the triple bottom line (TBL) to weigh costs and benefits to project stakeholders. The TBL-CBA process quantifies total net present value, return on investment, and project payback. TBL-CBA uses location-specific data to give asset owners and design professionals the flexibility and capability to provide a rigorous analysis of investment alternatives through all stages of planning and design.

Executive Order 12866 in the United States requires benefit-cost analysis for any new regulation that is "economically significant," which is defined as having "an annual effect on the economy of $100 million or more or adversely affect[ing] in a material way the economy, a sector of the economy, productivity, competition, [or] jobs," or creating an inconsistency with other law, or any of several other conditions. The Order established a "regulatory philosophy" and several "principles for regulation," among them requirements to explicitly identify the problem to be addressed, determine whether existing regulations created or contributed to the problem, assess alternatives to direct regulation, and design regulations in the most cost-effective manner. § 1(a) summarizes this regulatory philosophy as follows:

References

  1. 1 2 Kealy, Sean. "African Parliamentary Knowledge Network Legislative Handbook: Using Evidence to Design and Assess Legislation" (PDF).
  2. ↑ Shajnfeld, A, Krueger RB, 'Reforming (purportedly) Non-Punitive Responses to Sexual Offending" 25 Developments In Mental Health Law 81 (July 2006) --The University of Virginia, p 81-99, available electronically via Westlaw as 25 DMHL 81.
  3. ↑ Jenkins, P. 'Moral Panic. Changing Concepts of the Child Molester in Modern America' 1998 Yale University Press, ISBN   0-300-07387-9. New Haven.
  4. ↑ "Executive Order 12291". Wikisource. Retrieved 2023-05-14.
  5. ↑ "Executive Order 13563". Wikisource. Retrieved 2023-05-14.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.