Contents
CHAPTERI-Introduction The Function and Development of Legislation
1. The Function and Development of Legislation
2. The Separation of the Legislative Power from the other Powers of the State
3. The Legal System in Cambodia
3.1 Distinctive Features of the Legal System
3.2 Legislative Instruments Laws and Regulations
3.2.1 Types of Legislative Instruments
3.2.2 Hierarchy of Legislative Instruments
3.2.3 Notes for Legislative Cambodia
CHAPTER II-The Legislative Cycle Who does What in the Legislative Cycle?
1. Legal Framework Constitution, Laws and Regulations
2. Actors and their Competences
2.1 Society
2.2 The Royal Government
2.3 The Legislative (National Assembly and Senate)
2.3.1 National Assembly
2.3.2 Senate
2.4 Other Institutions Involved in the Legislative/Law Making Process
2.5 The Legislative Process in Detail
3. Drafting and Reviewing Legislative Instruments in the Executive
3.1 Process for Preparing a Draft Law
3.2 Need for Legislation
3.3 Legislative Agenda
3.4 Institutionalization/Delegation
3.5 Preparation of Introduction/Statement of Causes Prior to Drafting a Law
3.6 Preparing of Draft Law and Using the Formats
3.7 Review of Legal Drafts in the Council of Ministers
3.8 Notes for Legislative Drafts in the National Assembly/Senate
CHAPTER III-Legislative Techniques
1. Regulatory Impact Assessment (RIA)
1.1 Generic RIA Process
1.1.1 Consult Stakeholders
1.1.2 Identify Need for Intervention and Analyze Problem
1.1.3 Define Objective of the Intervention
1.1.4 Develop Options to Achieve the Objective
1.1.5 Identify and Assess Impact of Each Option
1.1.6 Evaluate Options and Select One
1.1.7 Prepare Statement and Advocate results
1.2 RIA Case Study Introducing an Administrative Procedure Code
1.3 RIA Application in the Legislative Cycle
2. The What-When Approach
2.1 The Approach Applied
2.2 Matrix with Regulatory Issues
2.3 Structure
2.4 Additional Entry Point for RIA in the Actual Drafting Process
3. Plain Language Movement
4. Wrap Up
Annex 1 Circular (2013)-English Summary
Annex 2 Circular (2013)-Khmer
FIGURES
1. Overall Objective Prepare Good Laws
2. Legislative Cycle/Actors
3. The Scope of State Functions
4. Separation of Powers Rule vs Exemptions from the Rule
5.Hierarchy of Laws
6.Initiate and Submit Draft/Proposed Law
7.Process Bringing the Law to the Floor and Requesting Amendments
8.Process Approving Statement of Causes and Approving /Revising the Law
9.Review Process in the Senate
10.First Review in the National Assembly
11.Second Review in the National Assembly
12.Simplified Process Flow Prepare a Draft Law within Government
13.Process for Drafting Introduction/Statement of Causes
14.Trebd in RIA Adoption across OECD jurisdictions
15.Generic RIA Process
16.Problem Tree
17.Example Problem Tree
18.Objective Tree
19.Example Objective Tree
20.Cosr/Benefit Analysis for Each Option
21.Example Evaluation Matrix
TABLES
1.Overview Constitutional Powers National Assembly vs Senate
2.Formats for Legal Instruments outlined in the Circular(2013)
3.Cuntry RIA Guidelines and Reports
4.Checklist for Reviewing Regulations
BOXES
1.OECD Checklist for Regulatory Quality
2.Legality Principle
3.Proportionality Principle
4.OECD Determents of Compliance