Prioritising legislative proposals in the legislative process

Abstract

The most important duty of a government is to create a conducive environment in which citizens can meaningfully participate in the development of the country and also develop their personal capabilities to the fullest extent possible. This article examines the sometimes problematic issue, not generally seen as critically important, of prioritising legislative proposals and, in passing, briefly touches on the catalytic role of the legislative drafter as an agent for change and social transformation. Anyone who has knowledge of legislative drafting will confirm that the drafter is by no means a completely free agent in respect of the manner in which to carry out the task of drafting. Of necessity, there is a political angle to what the drafter does and the reason for this is that the legislative programme of a government lies at the heart of the government’s domestic activities. Bills are political instruments as well as legal instruments. Seen in this light, the drafter is an important player in the machinery of government, as otherwise it would not be possible to translate government policies into effective law.