THEORY OF EFFICIENCY IN LEGISLATIVE STRATEGY: BRIEF LEGAL RATIONALE ANALYSIS

Abstract

The objective of this article is to use legal theories to elucidate the character and the elements of efficiency in legislation, specifically when it pertains to selecting legislative strategy, that is, the legislative paradigm used to address a certain matter through legislation. Section II is geared towards unveiling the key purport of the notion of efficiency, that is, as an operational linkage assisting legislative draftsmen to circulate among three components (situation, ideals, and results) instead of as an absolute value that draftsmen must seek in their operation. Section III proceeds by examining the challenges that such mix up has generated within legislative practice and discourse, especially by centering upon two types of efficiency as internal and external to the legislative operations. Ultimately, the last section advocates for how this notion of efficiency as an operational component of legislative duties (and the resultant distinction between an external and an internal version) can (and should) impact the work of legislative draftsman. This notion becomes specifically pertinent in connection to the optimal location of the non-legal specialist in the legislative operations as a medium of enhancing the efficiency of legislative strategy.