Legisprudence, in contradistinction to jurisprudence, is the modern science of legislation. It emerged through decades of dedicated scholarly studies and research on the nature, aims and methods of legislative theory in contemporary societies. A core aspect of Legisprudence is particularly focused on the ‘legislative process’ – also known as the ‘law-making process’ or ‘legislation’– thereby reflecting a broader significance of law-making as a pivotal social and policy concern.
Demonstrably, Legisprudence infuses all aspects of legislative consulting with multifaced epistemic input derived from analytical legal science, linguistics, philosophy, logic, and social sciences. The cumulative effect of these interdisciplinary sources renders modern law-making both an art and a science. For these reasons, Legisprudence -as an art and a science resource - continues to gain growing attention as more and more specialized research institutions are established to provide expert legislative consulting services in various countries.
At Alkhieli & Associates, we offer unique legislative consulting services in the Kingdom of Saudi Arabia. Our excellence is steeply rooted in our distinguished expertise in Legisprudence combined with top academic qualifications and substantial practical experiences characterizing the cutting competitive edge of our work. The epistemological foundations of our approach guarantee our legislative solution designs are responsive to development needs, are aligned with international best practices and capable of surpassing bureaucratic bottlenecks or legislative gridlocks which may hinder the optimal performance of regulatory governmental bodies. Equally, our designs rectify functional flaws which may exist in previous public policy designs or legislation or may be attributed to the authorizations given by the primary legislation to the secondary legislations or relevant to the ways the legislations are implanted into our legal system.
Our vision at Alkhieli & Associates has always been firmly based on our belief on the strength and uniqueness of our approach. This is further strengthened by our hands-on expertise and participation in successful legislative reform projects which we conducted in conformity to abreast best standards of lawmaking in the world. Our legal consultants possess accumulated experiences that cover almost every aspect of legal practice areas including finance, business and development; and we ardently strive for optimal utilization of our substantial expertise to ensure success of every legislative reform project in which we participate.
Public policies enjoy a particular importance in the legislative realm as the success of every law, its practical effectiveness and efficiency to solve societal problems, crucially depends a priori on how the public policy underlying the law is defined, analyzed, formulated, and designed by the concerned governmental body.
Characteristically, however, public policy development is inherently inter-institutional as it usually involves, and requires compromises between, various governmental bodies in the country. As a collaborative endeavor, public policy formulation and design requires governmental bodies to set aside their endemic bureaucracy and work together to set plans to the common good and achieve common social development objectives.
At Alkhieli & Associates we have a long-standing expertise in assisting various ministries and regulatory authorities in designing public policies. The strength and efficiency of our approach in this respect has stood the test of time. We give due and balanced attention to the objectives and programs to be pursued, along with conducting the required analysis to formulate the policy and the objectives, programs, and methods for measuring efficiency and assessing the expected regulatory impact. Equally, we ensure our public policy designs are based upon adequate balance of influencing factors including local culture, administrative traditions, and peculiarities of domestic political processes.
Designing successful legislative solutions is fundamentally based on appraisal and apposite comprehending of the societal issues the legislation is intended to address besides clear understanding of the underlying public policy objectives. It is therefore vital when we, at Alkhieli & Associates, are entrusted by a ministry or other regulatory authority to design legislative solutions, that we adhere to powerful methodology and tools to ensure optimal legislative solutions.
Ab initio, we examine the question whether a legislative solution is per se required before defining the appropriate means and option of the solution. Additionally, we subsequently adhere to a series of sequenced steps by drafting the preparatory reports (often referred to by scholars as the Legislative History) including well-researched public policy objectives. Our optimal legislative solution would then be processed and prepared into a legislative proposal which will be subject to comprehensive consultations and consensus building. We ensure that our processes yield maximum appraisal before endorsement be the concerned regulatory authority. Finally, we elaborate the proposal into a draft bill by applying state-of-the-art legislative drafting knowledge and hands-on expertise of our consultants.
Regulatory authorities routinely engage in planning new legislation or reviewing the effects of existing ones. In an ever and fast changing world, these tasks raise challenges to governmental bodies to ensure that regulations achieve their objectives effectively and efficiently. To achieve the optimal impact of any legislation, it is indispensable for the authority to integrate regulatory impact analysis (RIA) and expected regulatory outcomes in legislative planning and review. We envisage and design RIA not as a substitute for policy decision-making; rather we conduct RIA to enhance clarity and strength to legislations.
Thus, in our approach at Alkhieli & Associates, we integrate RIA as tool and decision process to inform regulatory authorities on both quantitative and qualitative optimal options to achieve legislation goals. The legislative outcomes set out for the legislative proposal would thus constitute the standard indicators eventually guiding the authority in monitoring the regulatory impact when the legislation is enforced.
Legislative Efficacy Assessment (LEA) is essentially an appraisal of the quality of legislation through which we, at Alkhieli & Associates examine the intrinsic capability of regulations and rules embodied in the legislative text to implement public policy accurately and achieve its desired goals effectively.
At Alkhieli & Associates, we pursue legislative efficacy assessment as an integral component of our legislative consulting services, and we offer outstanding LEA to our local public sector clients who wish to evaluate the efficiency of Saudi legislations. Our approach to legislative Efficacy Assessment revolves around three main pillars of ensuring quality legislation: form of legislation, substance of legislation, and Legislative consistency, for which purpose we examine the quality by applying the well-established criteria and appropriate tools.
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