SCHOOL OF LAW

Legislative Drafting law

Individual Assignment
Name: Elsahi Kare
IDNO. 1304802

Submitted to Mr. Mihretu

1 .Discuss the similarity and differences of the characteristics of legislative drafting in common
law and civil law legal system and discuss the characterstics and criteria of legislative drafting in
Ethiopia?:

Differences of legislative drafting in common law and civil law systems

*. Sources of law: In common law systems, legislation is created by the legislative branch of
government, while in civil law systems, it is created by the executive branch.

* Interpretation: In common law systems, legislation is interpreted by the courts, while in civil
law systems, interpretation is done by the executive branch.

*Flexibility: Common law systems are more flexible and adaptable, allowing for changes and
updates to legislation through judicial decisions, while civil law systems are more rigid and
require formal legislative changes.

Characteristics

civil law systems differs in a number of ways, including:

Centralization:-Common law legislative drafting is centralized, while civil law legislative

drafting is decentralized. Detail:-Common law legislative drafting is detailed and precise, while
civil law legislative drafting is more general and provides broad principles.

First draft In common law, the first draft is exclusive, while in civil law, the origin of the first
draft is unknown. Instructions In common law, there are instructions, while in civil law, there are
limited or no instructions. Drafters In common law, there is a solitary drafter, while in civil law,
there is a drafting committee. However, common law and civil law systems share many
similarities, including:-Both aim to regulate society, resolve disputes, and mete out justice.

Both often reach similar outcomes. Both treat most legal issues similarly.

Ethiopia is a federal state with a civil law legal system, but its procedural laws are inspired by
the common law system.

Purpose: Both systems aim to create clear, precise, and effective laws that are easily understood
and applied. Use of experts: Both systems utilize experts such as legal scholars, practitioners,
and government officials to assist in the drafting process. Review and revision: Both systems
involve a process of review and revision to ensure the proposed legislation is of high quality and
meets the needs of the community.

and criteria of legislative drafting in Ethiopia:

*. Clarity: Legislation should be clear and easily understood by the public.

*Consistency: Legislation should be consistent with existing laws and policies

.* Completeness: Legislation should cover all relevant aspects of the issue it addresses.
*Precision: Legislation should be precise and specific, avoiding ambiguity and vagueness

.* Feasibility: Legislation should be practical and achievable, taking into account the resources
and capacity of the relevant authorities.

* Public participation: Legislation should be drafted with input from relevant stakeholders and
the public, to ensure it meets their needs and addresses their concerns.

* Review and revision: Legislation should be subject to review and revision to ensure it is of
high quality and meets the needs of the community.

2 .discuss the legislative drafting process and procedures in the legislative structures of our
country that is at federa l(federal legislative process and procedures) and at regiona (reginal
state legislative process and procedures). do you appreciate any similiarity between these
legislative process and procedures.it may be supposed that it is the difficult to generalization in
the state legislative process in the existence of various state legislatures.taking this in to account
do you think that there may be any similiarity among state legislative process and procedures.

The legislative drafting process and procedures in our country at the federal level and in regional
states involve several stages. At the federal level, the process typically begins with the
introduction of a bill by a member of parliament. The bill is then assigned toacommittee for
review and discussion. The committee may hold hearings and gather input from experts and
stakeholders before making any recommendations. Once the committee has finished its work, the
bill is debated and voted on by the entire parliament. If it passes, the bill is sent to the president
for approval. If the president approves the bill, it becomes law .At the regional level, the
legislative process is similar but may vary depending on the specific procedures of each state
legislature. Generally, a bill is introduced by a member of the regional legislature, assigned to a
committee for review, and debated and voted on by the entire legislature. If it passes, the bill is
sent to the regional governor for approval. If the governor approves the bill, it becomes
law.While there may be differences in the specific procedures and requirements of each
legislature, there are also similarities in the overall legislative process. For example, in both the
federal and regional legislative processes, bills are introduced, reviewed by committees, debated
and voted on by the legislature, and must be approved by the executive branch before becoming
law. These similarities help ensure that the legislative process is transparent and accountable, and
that laws are carefully considered and debated before being enacted.

3. discuss the techniques drafting laws at federal and regional state level in Ethiopia.

**Research and Analysis: Thorough research and analysis of existing laws, legal precedents,
and relevant social, economic, and political contexts are essential. This helps in identifying gaps,
inconsistencies, and areas needing reform or new regulation.-

**Stakeholder Engagement: Engaging with stakeholders, including government agencies, civil

society organizations, and the public, ensures that diverse perspectives are considered. This can
help in crafting laws that are comprehensive, fair, and effective.

**Drafting and Redrafting: Initial drafts are often iterative, with multiple rounds of revisions to
refine and improve the text. This process allows for careful consideration of each provision and
ensures that the law is clear, coherent, and consistent.-

*Legal Review: A thorough legal review process is crucial to ensure that the draft law complies
with constitutional principles, existing laws, and international standards. This step often involves
consultations with legal experts and advisors.-

**Public Consultation: In many cases, especially for significant legislation, public consultation is
a critical step. This allows for feedback from citizens and other stakeholders, which can be
incorporated into the final draft.-

**Approval and Enactment: Once the draft is finalized, it must go through the legislative process,
which includes debates, amendments, and votes in legislative bodies at both federal and regional
levels. This ensures that the law is scrutinized and approved by elected representatives before it
becomes effective.Drafting laws in Ethiopia involves a structured process at both the federal and
regional state levels, reflecting the country’s federal system and diverse legal contexts.

Here are the key techniques and approaches used in the legislative drafting process:

**Legislative Framework and Guidelines:-

**Constitutional Basis: The 1995 Constitution of Ethiopia provides the fundamental principles
for lawmaking, outlining the powers and responsibilities of federal and regional legislative
bodies.

**Legislative Procedures: Each legislative body has established procedures that guide the
drafting process, ensuring compliance with constitutional mandates and legal standards

**Stakeholder Involvement:-

- **Public Consultation: Engaging citizens, civil society organizations, and stakeholders is

vital. This can include public hearings, workshops, and consultations to gather input and reflect
the needs of the populace.

**Expert Contributions: Involving legal experts, scholars, and practitioners can enhance the
quality of the draft laws by incorporating best practices and technical knowledge.

**Research and Analysis:-

**Comparative Analysis: Drafters often study laws from other jurisdictions to identify effective
legal frameworks and innovative solutions that could be adapted to the Ethiopian context.
**Impact Assessments: Conducting assessments to evaluate the potential social, economic, and
environmental impacts of proposed laws ensures that they are practical and beneficial.
**Drafting Techniques:-

**Clear Language and Structure: Draft laws are written in clear, precise language to avoid
ambiguity. A logical structure is maintained, typically including definitions, objectives,
provisions, and enforcement mechanisms.-
**Legal Consistency: Ensuring that the draft aligns with existing laws and the Constitution is
crucial to avoid conflicts and ensure coherence in the legal system.

**Review and Revision:-

- **Internal Review: Drafts undergo multiple rounds of internal review, often involving legal
departments or committees within the legislature to refine the language and address any legal
issues.

**Stakeholder Feedback: After the initial draft is prepared, further feedback from stakeholders
may be solicited, leading to revisions based on practical concerns and suggestions.

**Legislative Approval Process:-

**Committee Hearings: Once a draft is finalized, it is presented to legislative committees for

detailed examination. Committees may hold additional hearings to discuss the implications of the
law.

- **Voting: The final draft is then brought before the full legislative body for debate and
approval. In Ethiopia, laws typically require a majority vote to pass.

**Implementation and Monitoring:-

**Transitional Provisions: Drafts often include provisions for implementation, specifying

timelines and responsibilities for enforcement

**Monitoring Mechanisms: Post-enactment, mechanisms are established to monitor the

effectiveness of the law and ensure compliance, allowing for future amendments if necessary.
**Regional Variations:-

**Federal vs. Regional Laws: Regional states have the authority to draft laws tailored to heir
specific contexts, reflecting local needs, languages, and cultures.

**Cooperation and Conflict: Coordination between federal and regional laws is essential to
mitigate conflicts and promote harmony within the federal system. The law-drafting process in
Ethiopia is multifaceted, involving rigorous methodologies, stakeholder engagement, and
adherence to constitutional principles. This approach aims to create laws that are not only legally
sound but also socially relevant and responsive to the diverse needs of the Ethiopian population.

4. discus how the drafter ensures clarity, specificity, precision in choosing words and phrases
drafting laws. and discuss how the drafter adresses the problem of ambiguities and vaguness in
the provision of the law while drafting laws

- **Clear and Concise Language: The use of clear and concise language is fundamental.
Ambiguities and vagueness should be avoided to prevent misinterpretation. Each provision
should be straightforward and easily understood.-

**Specificity: Laws should be specific in their application and scope. Vague terms and phrases
should be avoided, and precise definitions should be provided where necessary. This helps in
ensuring that the law is applied consistently and fairly.

**Precision: Precision in language helps in avoiding loopholes and unintended consequences.

Specific numbers, dates, and other precise details should be included where
applicable.Addressing Ambiguities and Vagueness in Law Drafting:-

**Clear Definitions: Providing clear and comprehensive definitions for key terms and concepts
helps in reducing ambiguity. This ensures that everyone interpreting the law understands its
meaning in the same way.-

**Contextual Clauses: Including contextual clauses that explain the circumstances under which
certain provisions apply can help in clarifying ambiguous situations. This provides a more
nuanced understanding of the law's application.

**Explanatory Notes: Including explanatory notes or comments within the text of the law can
help in clarifying complex or ambiguous provisions. These notes can provide additional context
and guidance for interpreters of the law.-

**Review and Revision: Regularly reviewing and revising laws to address emerging issues and
remove ambiguities is important. This ensures that the law remains relevant and effective over
time.
**Judicial Interpretation: Courts play a crucial role in interpreting the law. Clear and precise
language in the law helps judges to apply it correctly, but judicial decisions can also help in
clarifying ambiguities over time through case law. By following these techniques and principles,
drafters can create laws that are clear, specific, and precise, thereby reducing the risk of
ambiguities and vagueness. This ultimately leads to more effective and fair legal frameworks.

5. discuss how legislative drafter ensures consistency of the bill with international principles and
human rights, FDRE constitutions other laws and policies of our country.

To ensure consistency of a bill with international principles and human rights, legislative drafters
can take the following steps:

**Research and Analysis:- Thoroughly research international principles, human rights standards,
and the FDRE Constitution. Analyze how these principles align with the country's laws and
policies.

**Consultation:- Engage with experts in international law, human rights, and constitutional law.
Consult with stakeholders, including civil society organizations, to gather diverse perspectives
and insights

.**Comparative Analysis:- Compare the proposed bill with similar legislation in other countries
that have successfully integrated international principles and human rights. Identify best
practices and lessons learned.

**Drafting with Care:- Draft the bill in a way that aligns with international principles and human
rights standards. Ensure that the language used is clear, precise, and consistent with the country's
legal framework.

**Review and Feedback:- Submit the draft bill to relevant committees and experts for review.
Incorporate feedback and make necessary adjustments to ensure consistency with international
principles and human rights

.**Legal Scrutiny:-Conduct a thorough legal review of the bill to ensure it complies with the
FDRE Constitution and other relevant laws. Address any potential conflicts or inconsistencies.
**Public Consultation:- Involve the public in the legislative process by holding hearings and
consultations. Gather input and feedback from citizens, civil society organizations, and other
stakeholders to ensure the bill aligns with international principles and human rights. By
following these steps, legislative drafters can ensure that the bill is consistent with international
principles and human rights, while also adhering to the FDRE Constitution and other laws and
policies of the country.