Improving Implementation Through Framing Smarter Statutes

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Abstract
Statutory design is the source of many problems encountered in implementation, yet policy scholars have not made much headway in providing coherent and consistent advice for framing smarter statutes. There is a great deal of disagreement about how much discretion statutes should leave to implementers, and four distinct and conflicting schools of thought have emerged. This article advises that none of the perspectives is always correct and patterns for allocating discretion should take into account the implementation context. Contexts vary from statute to statute and may change for different policy elements within particular policies. The core elements in policy content are identified and linked in a scheme that is more comprehensive and relevant to policy results than previous work. The article also provides a ‘value-added’ conception of implementation in which the extent of discretion exercised by implementers is measured by changes they make in the core elements of policy.

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