Experience of the Institute of Experience of the Institute of

Law (IoL) in Drafting LegislationLaw (IoL) in Drafting Legislation

Mahmoud Alawni Mahmoud Alawni

Institute of Law Institute of Law –– Birzeit University Birzeit University

April 2008 April 2008

The Role of Drafting Legislation The Role of Drafting Legislation Bodies in Legal ReformBodies in Legal Reform

Presentation:Presentation:

Contributions of civil society organizations Contributions of civil society organizations (CSOs) to drafting legislation(CSOs) to drafting legislation

Introducing IoL Introducing IoL IoLIoL’’s contributions to the theoretical s contributions to the theoretical

framework of legislative drafting framework of legislative drafting IoLIoL’’s practical experience in legislative s practical experience in legislative

drafting (practical framework) drafting (practical framework) Mechanisms of drafting laws and secondary Mechanisms of drafting laws and secondary

legislation legislation IoLIoL’’s future horizons in legislative drafting s future horizons in legislative drafting

CSOsCSOs’’ Contributions to Drafting Contributions to Drafting LegislationLegislation

A member on the Palestinian Legislative Council A member on the Palestinian Legislative Council (PLC) may propose a draft law (PLC) may propose a draft law

Draft laws proposed by PLC members are more Draft laws proposed by PLC members are more than those proposed by the Government than those proposed by the Government

CSOs have made considerable contributions to CSOs have made considerable contributions to developing draft laws developing draft laws

Development of legislation lacks a clear Development of legislation lacks a clear methodology methodology

Development of most draft laws is arbitrary; it Development of most draft laws is arbitrary; it does not take into account Palestinian real does not take into account Palestinian real needsneeds

Introducing IoLIntroducing IoL

Establishment Establishment

Goals Goals

Departments and Units Departments and Units

Achievements Achievements

IoLIoL’’s Contributions to the s Contributions to the Theoretical Framework of Theoretical Framework of

Legislative Drafting Legislative Drafting

1.1. Legislative Drafting Manual Legislative Drafting Manual 2.2. Secondary Legislation Drafting Manual Secondary Legislation Drafting Manual 3.3. Studies on the legislative process in Studies on the legislative process in

Palestine: Palestine: ““Problems of Legislative Harmony in Palestine: A Problems of Legislative Harmony in Palestine: A

Preliminary SurveyPreliminary Survey”” ““The Legislative Process Between Theory and The Legislative Process Between Theory and

PracticePractice”” ““Legal and Regulatory Framework of the Legal and Regulatory Framework of the

GovernmentGovernment’’s Administration of the Legislative s Administration of the Legislative Process: The Palestinian ContextProcess: The Palestinian Context””

IoLIoL’’s Practical Experience in s Practical Experience in Legislative Drafting (Practical Legislative Drafting (Practical

Framework)Framework) 1. IoL1. IoL’’s experience in drafting laws: s experience in drafting laws:

Child Law Child Law Draft Law on the Cultural Heritage Draft Law on the Cultural Heritage Draft Land Law Draft Land Law Draft Audio-Visual Law Draft Audio-Visual Law Draft Company Law Draft Company Law Reviews of various draft laws Reviews of various draft laws

2. IoL2. IoL’’s experience in drafting secondary s experience in drafting secondary legislation:legislation:

Regulations and bylaws of the Labour Law Regulations and bylaws of the Labour Law Regulations and bylaws of the Law on Social Insurances Regulations and bylaws of the Law on Social Insurances Regulations Concerning Licences of Medical Professions and Regulations Concerning Licences of Medical Professions and

Health Facilities Health Facilities

Mechanisms of Drafting Laws and Mechanisms of Drafting Laws and Secondary Legislation Secondary Legislation

IoLIoL’’s Methodology in Drafting Legislations Methodology in Drafting Legislation

(i) Phases and mechanisms of drafting laws: (i) Phases and mechanisms of drafting laws:

Examination of the legal framework Examination of the legal framework Examination of the practical framework - Examination of the practical framework - ““research reportresearch report”” Comparative experience (visits to Jordan), as well as foreign Comparative experience (visits to Jordan), as well as foreign

experiences experiences Meeting minutes of the Legislative Policy Development Meeting minutes of the Legislative Policy Development

Committee - Committee - ““Legislative Policy MemorandumLegislative Policy Memorandum”” Writing a first version of the draft law Writing a first version of the draft law Discussing the version Discussing the version –– workshops involving affected groups workshops involving affected groups

and experts and experts Writing the final version of the draft law Writing the final version of the draft law Lessons learnt from the experience Lessons learnt from the experience

Mechanisms of Drafting Laws and Mechanisms of Drafting Laws and Secondary LegislationSecondary Legislation

(ii) Phases and mechanisms of drafting (ii) Phases and mechanisms of drafting secondary legislationsecondary legislation::

Legislative Policy Development Committee Legislative Policy Development Committee Legislative Policy Document Legislative Policy Document Report on the Legal and Practical Framework - Report on the Legal and Practical Framework - ““Research ReportResearch Report””

Writing a draft of the piece of secondary Writing a draft of the piece of secondary legislation legislation

Experience, and discussion of the draft Experience, and discussion of the draft legisaltion legisaltion ““workshopsworkshops””

Final draft legislation Final draft legislation Lessons learnt from the experience Lessons learnt from the experience

IoLIoL’’s Future Horizons in s Future Horizons in Legislative Drafting Legislative Drafting

Diploma Programme in Legislative Diploma Programme in Legislative Drafting Drafting

The GovernmentThe Government’’s Legislative Policy s Legislative Policy

Drafting laws and secondary legislation Drafting laws and secondary legislation

Thank YouThank You