several requirements. There needs to be a designated body responsible for the
review, the legislature should establish a schedule for review, and statutes need
to be enacted with two vital components, a sunset clause and an adequate
statement of their policy.
Responsible Body
There needs to be a body that is formally responsible for the review. An
obvious form of this body is a special committee appointed by the legislature
whose dedicated task it is to inquire
into the efficacy of the legislation and
report on it to the whole legislature. This committee should also have on call
access to technical assistance from a special and independent audit office.
Schedule for Review
A legislature needs to schedule specified and sufficient time for review of
legislation. This scheduled time should be a standard part of the legislature’s
schedule of work. It should occur automatically and inevitably without the
need for any express initiating procedure. Such a schedule ensures that all of
the targeted legislation is reviewed and is reviewed at appropriate intervals.
Obviously, the schedule can and should be varied according to perceived
needs. For example if it comes to light that a statute is manifestly problem
ridden, its review should be brought forward.
Sunset Clauses
In some cases scheduling legislation for review may be sufficient to ensure that
it is reviewed. However, the possibility of review can be strengthened by the
use of a sunset clause, which is a provision in a statute stating that the statute
is to finish on a specified day. A legislature could impose a sunset clause on all
legislation of substance, or it might do so for legislation of special significance.
At the very least, a sunset clause ensures that a statute needs to be re-enacted
if it is to continue in operation. During this re-enactment there is obviously
some opportunity for the statute to be reconsidered. Typically, though, a
legislature can determine the amount of time it spends debating legislation and
thus a majority can forestall or limit consideration of the statute in this manner.
However, having a schedule of review that
allocates proper time for
reconsideration of legislation (as proposed above) should avoid this problem.
In any event, the need for re-enactment at least puts the statute before the
legislature again, and prior insertion of the sunset clause puts some moral
pressure on the legislature to engage in a reconsideration of the legislation.
Statement of Policy
When a legislature enacts a statute, it will greatly facilitate later review if the
legislature prepares and enacts a formal statement setting out the policy
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