Public Policy, Regulatory Frameworks & Legislative Drafting

Some of the most consequential legal work in a developing regulatory environment happens before a rule exists. Our public policy practice advises ministries, regulators, industry associations and international institutions on how a proposed framework will behave once it meets the market — and drafts the text that gives effect to the policy decision.

The work runs from diagnostic review of an existing regime, through comparative analysis of how other jurisdictions have handled the same problem, to the drafting of primary legislation, regulations, instructions and licence conditions. We also prepare the explanatory memoranda and regulatory impact material that accompany a submission, and support clients through public consultation and committee stages.

For private-sector clients, the same expertise is used defensively: understanding a draft instrument early enough to respond to it, making a submission that a regulator can actually act on, and planning for compliance before the transition period runs out.

Drafting is where policy either survives contact with reality or does not. A well-intentioned provision that leaves the enforcement authority undefined, sets a deadline no institution can meet, or duplicates a power already granted elsewhere will generate litigation rather than compliance. We test each provision against the question of who will apply it, on what evidence, and with what right of appeal.