Consultant - Commonwealth Law Reform Handbook

Project purpose

The assignment's pupose is to prepare a Commonwealth Law Reform Guide. This Guide is intended to act as a practical resource for member countries regarding the process of law reform. It will provide practical guidance on the background to law reform; standards and stages in law reform; models, approaches and practices in law reform; and follow-up steps to law reform recommendations. The Guide will bring together examples of good practice from Commonwealth member countries.

In addition to providing guidance on generic processes of law reform, the Guide will also contain a range of case studies in specific substantive legal thematic areas that have been subject to reform in Commonwealth countries in recent years. The guide is not intended to be for law reform agencies only, but should be relevant to all Commonwealth countries, irrespective of the existence of a law reform agency or not, and those entities responsible for law reform. The Guide will not promote one specific model of law reform, but will discuss the implications of a range of law reform structures and approaches.

Specific tasks:

Under guidance of the Head, Law Development Section, Commonwealth Secretariat, the consultant will prepare a Commonwealth Law Reform Guide to include:

• A background to the process of law reform, including a description of law reform, law revision, consolidation and codification; why law reform is needed, which entities can undertake law reform and their respective roles; and the different models of law reform bodies;
• Guidance on the development of law reform projects, including approaches to the selection of legal thematic areas that require reform; the development of law reform programmes; types of law reform projects and programmes; and international standards and values applicable to law reform;
• Approaches to the practical organisation of law reform machinery, including possible roles of government, parliaments, and law reform agencies in the law reform process; the stages of a typical law reform project; planning, project initiation and management of law reform projects; and the roles of personnel, including law reform commissioners and staff;
• Guidance on law reform activities, including the conduct of legal and policy research; empirical research; the use of external advice and expertise (including from academia, non-governmental organisations, other countries, and international organisations); the conduct of consultations, including both written and oral consultations; the preparation and dissemination of consultation/discussion/scoping/policy papers; the use of working parties and working groups and their membership; the use of conferences and seminars; the conduct of cost/benefit analyses; the conduct of legislative human rights impact assessments; the preparation of reports and consultation papers; the preparation of draft legislation; and the use of media and communications technology throughout law reform activities;
• Good practice examples from at least 15 Commonwealth member countries, with due regard to equitable geographical distribution, describing the law reform machinery structure and law reform processes, with sufficient detail to determine lessons learned. It is anticipated that the examples would each focus on a different element of areas covered in 2), 3) and 4) above;
• Good practice examples from at least 15 Commonwealth member countries, with due regard to equitable geographical distribution, describing specific legal thematic areas (such as points of criminal law, environmental law, trade law, family law, corporate law etc..) identified in recent years as requiring reform, and summarising the legislative changes made, together with relevant process elements;
• Approaches to follow-up to law reform processes including the publication of final reform recommendations; the holding of press conferences/briefings/interviews; the transmission of recommendations to governments, line ministries and legislatures; the process of initiating legislation following law reform recommendations; special legislative procedures; other modes of implementation and impact, including implementation through court decisions and the promulgation of procedural rules, or executive orders; and monitoring of implementation rates of recommendations;
• An overview table listing all law reform bodies and primary legislation governing law reform in all Commonwealth member countries.

Expected tangible and measurable outputs:

• Draft outline of Guide by 10 March 2016
• First draft of Guide by 31 May 2016
• Second draft of Guide taking into account comments provided by the Secretariat by 20 June 2016
• Final version of Guide taking into account comments provided by the Secretariat by 30 June 2016

Deliverable

Indicators

Draft Guide

• Technical precision and reflection of state of the art in law reform
• Laws on law reform identified for all, or the majority, of Commonwealth countries
• Relevant national process and substantive legal examples identified and fully discussed. Examples advance argument and analysis
• Clear and policy-relevant analysis

Final Guide

• All Secretariat comments reflected appropriately
• Excellent plain English drafting style and suitability for audience of national level government officials, academics and policy makers
• Political nuances fully taken into account
• Technical excellence

Qualifications and Experience

• Degree in law. An advanced degree is an advantage;
• Minimum of 15 years of professional expertise in the management and conduct of law reform processes;
• Practical professional experience in provision of legal or policy advice, analysis and legal drafting;
• Proven ability to network and establish collaborative relationships with a variety of actors;
• Proven ability to work well under pressure and meet strict deadlines;
• Fluency in English;
• Excellent organisational and evaluative skills;
• Experience gained from work for international organisations is highly desirable.​

How to apply

Applicants need to complete an application online, attaching a CV with a covering letter including names and contact details of three referees.

Applicants must be citizens of a Commonwealth member country.

Deadline for applications is 17:00 GMT on 22 February 2016.

Please apply directly on our website at:

http://thecommonwealth.org/jobs/consultant-commonwealth-law-reform-handbook#sthash.E9YepnZ0.dpuf