law reform.
481
But despite these gains, political manoeuvring rather than
scientific analysis can still rule the law making process.
482
According to Podgórecki there are four possible approaches to law making –
professional (informed by theory and performed by methodical practice),
amateur (no theory and/or haphazard methods), ideological (premised on
selective values and/or narrow interests) and maniacal (utilizing psychopathic
and/or sociopathic methods).
483
Of the four, the only rational means is the
professional approach, which is the basis of legislative impact analysis. This is
founded squarely on the "notion that policy ideas should stand or fall on the
basis of research and trials”.
484
It examines the effects of laws by considering
in a scientific and rational manner why laws may succeed or fail in bringing
about their intended goal.
485
In pure form, it involves assessing the likelihood
that a law will cause its desired effect and not cause undesired effects, in an
attempt to make the law “more effective in achieving [its] purpose” with a
minimum of undesirable side effects.
486
Underlying this approach is the simple
fact that knowledge of the possible and likely effect of laws is properly based
only on proper scientific method, in contrast to resting on “hunches,”
487
“intuition,”
488
“opinion polling or supposition”.
489
Examining proposed legislation in a
scientific way is an antidote to political
rhetoric, which scientific inquiry puts on trial.
490
Moreover, it can also be
economically justified because the cost of the research which it commands is
likely to be far less than the cost of a policy mistake.
491
___________________
481
For example, the United Kingdom has the Law Commission established by
the Law Commission Act 1965 (UK), while the Commonwealth of Australia has
established the Australian Law Reform Commission under the Australian Law
Reform Commission Act 1996 (Cth). For discussion of law reforms see North (1985),
Orr (1978-80), Barnes (1994), Barnes (1995), Cretney (1984), Dowrick (1963), Gray
(1966-67), Kirby (1988A), Rawlings (1982), Ryan (1982), Sackville (1985), Sawer
(1970), Sawer (1965), Woodman (1975), Johnson (1978).
482
Kirby (1988A), Cretney (1984), Marsh (1983), Nakamura, Smallwood (1980)
483
Podoerecki, Alexander, Shields (1996)
484
Leigh (2003)
485
Beerworth (1980)
486
Pound (1912) pp 514-516
487
Allen (1964) p 350, citing Scrutton J in Hill v Aldershot Corporation [1933] 1 KB
259
488
Hutcheson (1928)
489
Leigh (2003)
490
Leigh (2003)
491
Leigh (2003)
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