Collective Policy Design: An Inclusive Approach to Legislative Negotiation

Authors

Joseph Crupi

Abstract

Members of legislatures often do not have equal opportunities to participate in legislative negotiations. The lack of inclusiveness in legislative negotiations may result in suboptimal policy outcomes and undermine representative democracy. Legislatures face two categories of barriers to conducting inclusive negotiations: (1) the scope and complexity of legislative negotiations and (2) members' lack of incentives and capacity to engage in inclusive negotiations. Legislatures may be able to overcome these barriers by synthesizing and applying insights from agile project management, design thinking, collective intelligence, social choice theory, and interest-based negotiation. Specifically, legislatures may be able to conduct negotiations that are both inclusive and effective by reconceptualizing legislative negotiation as a collective design process; establishing institutional infrastructure such as process facilitators and collaboration technology; and implementing structured processes for agenda setting, interest mapping, option generation, and policy evaluation and development.

Keywords

United Nations, International Agencies, Economics Law, Government (General), Politics (General), Criminal Act, Criminal Law and Procedure, Strikes, Labor

Disciplines

Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Law | Law and Economics | Law and Politics

Recommended Citation

Joseph Crupi, Collective Policy Design: An Inclusive Approach to Legislative Negotiation, 24 Cardozo J. Conflict Resol. 29 (2022).
Available at: https://larc.cardozo.yu.edu/cjcr/vol24/iss1/4