1
  1. Someone has a problem or unmet need.
  2. That person approaches a legislator with the problem or unmet need.
  3. The legislator follows a process to reason.
  4. The legislator follows a process to verbally communicate an idea (the solution) and the consequences of doing or not doing something.

I am looking for these processes.

I am not looking for the legislative process i.e. how congress passes a bill.

Thank you.

  • 4
    I'm voting to close this question as off-topic because it belongs in Politics.SE (it is also unclear because different countries and states have different processes, e.g. in some places legislators personally draft legislation while in others it is drafted in the first draft by shared state legislative staff legislation drafting specialists, the process would also be very different, e.g. in the U.S. and the U.K. and the U.S., e.g., has special rules for tax legislation drafting that do not apply to other laws). – ohwilleke Apr 10 '19 at 18:43
  • I am not looking for the legislative process i.e. how congress passes a bill. I am looking for a reasoning process for creating "positive law" from the perspective of legal positivism (if it exists). Now, it is entirely possible that legislators are not required to follow a process. It is also possible that "positivism" may or may not be positive for all people. – DAN BHATT Apr 10 '19 at 19:28
  • that is why it is off topic. There are law regarding how congress passes a bill. What you are talking about is a nebulous political thing not governed by law, especially when it isn't specific to one country or state. – ohwilleke Apr 10 '19 at 19:31
  • You make a good point. There is no law which governs what laws should be (in any country or state). I can post this question on politics.stackexchange, but I am interested in reading other comments if lawyers reading this post can provide insight. – DAN BHATT Apr 10 '19 at 20:12
  • Yeah, @ohwilleke is right. No offense Dan, but there just isn't anything specific that is done in every case of a new law being made. – Putvi Apr 10 '19 at 23:08
1

A legislator (a member of the legislature, a lawmaker) may introduce a proposed law for any reason or none. It may or may not be in response to a request by a member of the public. it may or may not follow a "process of reason" as to what is the best solution. It may be intended to be enacted, and the legislator may believe that it will be helpful to all, or it may be to make a political point, knowing that there is no chance of a bill passing.

The is no formal or standard process for the legislator to follow. Only once the bill is introduced is there a process, but the question says it is not about that process.

Some legislatures have a drafting service to assist in writing bills in proper legal language, so that they will have the desired effect if enacted. However, not all legislatures have such a service, and no lawmaker is required to use such a service.

| improve this answer | |

Not the answer you're looking for? Browse other questions tagged or ask your own question.