University of the South Pacific VICTORIA UNIVERSITY, Wellington ADVANCING BETTER GOVERNMENT THROUGH TEACHING STUDENTS PRACTICAL POLICY ENGAGEMENT Anita Jowitt University of the South Pacific ALTA, 4 -6 July 2016, VICTORIA UNIVERSITY, Wellington

Oppositions Practical Vocational skills: problem solving for clients THE GOOD STUFF Theoretical (impractical) Jurisprudence, policy WASTE OF TIME/ IVORY TOWER/ REMOTE

But Vocations on graduation are changing Only a small percentage of LLB graduates now enter legal practice Being able to operate in the politico-legal law reform sphere is, in my experience as a policy practitioner, very practical

Argument Law schools have an obligation to teach how to engage in legal policy as a practical skillset At USP, an LLB programme outcome (like a TLO) is Ability to contribute to the development of South Pacific countries’ laws and legal systems

Argument + response Law schools have an obligation to teach how to engage in legal policy as a practical skillset OK, but how? What does this even mean? For legal reasoning there are lots of models/examples to follow (IRAC, memo to senior partner, letter of advice to client, written submissions to court, mooting) but what legal policy activity/assessment examples can I adapt to my courses?

Recent policy practitioner experiences 2013: Vanuatu Youth Parliament Members of parliament debating mock Bills Young – some with little schooling Critical reasoning worksheets Expose cognitive (critical reasoning) processes Allows focus on process of political law reform debate 2013 - : Employer rep, Vanuatu Tripartite Labour Advisory Council Employment Relations Bill; IDA; Minimum wage setting; National Sustainable Development Plan Developing/expressing consensus as representative of a particular constituency Responding in a policy vacuum Advocating Academic essays NOT acceptable

Using experience to enrich teaching LW 305: 300 level option (formerly compulsory) on developments in, and how to develop, law in the Pacific Youth parliament process + TLAC position papers

Assessment In group assume position of an NGO, reach consensus and prepare position paper for Minister/Parliamentary Select Committee on Bill 3 pages max

Youth Parliament influence Same Bills Same worksheet approach as Youth Parliament Process: Is there a real issue in society that needs to be addressed? (Context analysis) Is a legal response appropriate for the issue? (Goal definition, context analysis, impact analysis) Does particular wording of Bill address issue appropriately? (impact analysis, legal analysis)

TLAC influence Writing style American K12 Argumentative Standard Opinion writing vs persuasive writing vs argumentative writing

Student responses Position paper 1 done very badly New way of looking/thinking/expressing Position paper 1 could be resubmitted Almost all groups took this chance Position paper 2 done better No groups chose to find and respond to a real Bill or LRC discussion paper Student feedback overwhelmingly positive

For 2016 Same approach (making cognitive processes transparent) Position paper 1 can do a mock Bill with worksheet OR an issue from Vanuatu Constitution Amendment Bill Position paper 2 can choose another issue from Vanuatu Constitution Amendment Bill or any other Bill/LRC paper

Transferable? Model being used by Public Intl Law lecturer in 2016 s 2 (easy pre-designed activity) In NZ/Australia Parliament has constant Select Committee calls for submissions (and material on how to write a submission) Law Reform discussion papers are frequent & common Also extendable Get NGOs, political parties… involved as clients

What else to build practical policy skills? Example authentic policy practitioner assessments (in a non clinical setting & without linking with external actors) Briefing paper from detailed policy report Council of Ministers paper LRC-style discussion papers LRC-style recommendations papers