Experience of the Institute of Law (IoL) in Drafting Legislation

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Experience of the Institute of Law (IoL) in
Drafting Legislation
The Role of Drafting Legislation Bodies in
Legal Reform

• Mahmoud Alawni
• Institute of Law Birzeit University
• April 2008

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Presentation

• Contributions of civil society organizations
  (CSOs) to drafting legislation
• Introducing IoL
• IoLs contributions to the theoretical framework
  of legislative drafting
• IoLs practical experience in legislative
  drafting (practical framework)
• Mechanisms of drafting laws and secondary
  legislation
• IoLs future horizons in legislative drafting

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CSOs Contributions to Drafting Legislation

• A member on the Palestinian Legislative Council
  (PLC) may propose a draft law
• Draft laws proposed by PLC members are more than
  those proposed by the Government
• CSOs have made considerable contributions to
  developing draft laws
• Development of legislation lacks a clear
  methodology
• Development of most draft laws is arbitrary it
  does not take into account Palestinian real needs

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Introducing IoL

• Establishment
• Goals
• Departments and Units
• Achievements

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IoLs Contributions to the Theoretical Framework
of Legislative Drafting

• Legislative Drafting Manual
• Secondary Legislation Drafting Manual
• Studies on the legislative process in Palestine
• Problems of Legislative Harmony in Palestine A
  Preliminary Survey
• The Legislative Process Between Theory and
  Practice
• Legal and Regulatory Framework of the
  Governments Administration of the Legislative
  Process The Palestinian Context

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IoLs Practical Experience in Legislative
Drafting (Practical Framework)

• 1. IoLs experience in drafting laws
• Child Law
• Draft Law on the Cultural Heritage
• Draft Land Law
• Draft Audio-Visual Law
• Draft Company Law
• Reviews of various draft laws
• 2. IoLs experience in drafting secondary
  legislation
• Regulations and bylaws of the Labour Law
• Regulations and bylaws of the Law on Social
  Insurances
• Regulations Concerning Licences of Medical
  Professions and Health Facilities

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Mechanisms of Drafting Laws and Secondary
Legislation

• IoLs Methodology in Drafting Legislation
• (i) Phases and mechanisms of drafting laws
• Examination of the legal framework
• Examination of the practical framework -
  research report
• Comparative experience (visits to Jordan), as
  well as foreign experiences
• Meeting minutes of the Legislative Policy
  Development Committee - Legislative Policy
  Memorandum
• Writing a first version of the draft law
• Discussing the version workshops involving
  affected groups and experts
• Writing the final version of the draft law
• Lessons learnt from the experience

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Mechanisms of Drafting Laws and Secondary
Legislation

• (ii) Phases and mechanisms of drafting secondary
  legislation
• Legislative Policy Development Committee
• Legislative Policy Document
• Report on the Legal and Practical Framework -
  Research Report
• Writing a draft of the piece of secondary
  legislation
• Experience, and discussion of the draft
  legisaltion workshops
• Final draft legislation
• Lessons learnt from the experience

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IoLs Future Horizons in Legislative Drafting

• Diploma Programme in Legislative Drafting
• The Governments Legislative Policy
• Drafting laws and secondary legislation

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• Thank You