Chapter 13: Legislative Research

LEGISLATIVE RESEARCH

Legislative research is the analysis of existing laws and analysis of previous laws as well as dealing with how, why, and when the laws came. It is research for lawmakers in law making process.

In Narrow Sense, Legislative Research is used by Law Drafters while making, amending, and repealing the laws. 

In Broad sense, legislative research deals not only with making laws but it also deals with its implementation in society and its status.

The importance of Legislative Research is: -

• It helps law makers to set policies.
• It supports the identification of need of any laws.
• It is used for doing comparative study and law making.
• To understand existing laws and their problems or loopholes.

The location of Legislative research are: -

Hard Copy:- one can have the access  to hard copy through Kanoon Kitab byawastha Samiti.

Soft Copy

• Nepal Law Commission website, here the existing loss and the old laws along with trees can be accessed. Here the Nepali version is more updated.
• Ministry of communication and Technology department of printing website www.dop.gov.np.
• Ministry of law justice and parliamentary affairs website.
• Website of CDO office.
• Website of attorney general.
• Laws of local level which are published in gazettes and websites.

Law Location Method 

i. Popular name method

For example: -  Name: An Act Made to Provide for Privacy and Popular Name: Privacy Act.

ii. Table method: the laws can be located by seeing the table of contents.

iii. Topic method: the laws can be located alphabetically on the law Commission website.

iv. Descriptive word method:

For example,  there is another option of search by word in Nepal Commission website

The use of legislative research

i. In democratic countries it is evident to inform general public about the legislative procedures so legislative research is used in this regard.

ii. Legislative research is used to draft the laws by Law drafters so that they do not contradict with existing laws.

iii. It is used by parliamentarian to make new laws and to amend the old laws.

iv. Legislative research is used by lawyers to form the argument in a case.

v. Legislative research is used in the course of interpretation of laws to find out legislative intent and purpose behind its Incorporation.

vi. It is also used to know about the need and demand of society so that the proper laws concerning new areas can be made for example LGBTQIA++

vii. It is used by general person also to know about the existing laws of the nation.

                                                                                                                                                                                             Prepared and Edited By: Manish Rajak & Madhu Dahal