Tuesday, 6 October 2009

Légistique in the Law-Making Process: The Palestinian Case

Légistique in the Law-Making Process: The Palestinian Case
By Jamil Salem
“At the present as well as at any other time, the centre of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.” Eugen Ehrlich

The applied science of legislative drafting (légistique) is subject to extended discussion by legal practitioners, in general, and the legal community in Palestine, in particular. Drafting bears a significant effect on legislation. Irrespective of legislative drafters’ high level of accuracy and clarity in developing a legislative policy of a certain item of legislation, expressions of such legislation would not be clear unless drafters fully master components of outstanding legislative drafting. Drafting is the tool that reflects the content of a piece of legislation, including orders and prohibitions.

For more: This Week in Palestine, Rule of Law and Good Governance, Issue No. 138, October 2009.
http://www.thisweekinpalestine.com/details.php?id=2897&ed=174&edid=174

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