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Universal responsibility to draft democratic, participatory, effective and efficient laws and law reforms projects.

Gondal, Zafar
June 4, 2015

Source: (2013) International Journal of Legislative Drafting and Low Reform and Contributors. 1: 239-250.

This paper seeks to demonstrate that laws developed through
consultative, participative, transparent and accountable process by an
independent, impartial and competent drafting entity are an important missing
link for advancing democracies, market economies, human rights, sustainable
development, social harmonies and integration, legal empowerment of the
poor, security and peace at national, regional and international level and for
effective states. States draw strength from constitution and laws; depend on
institutions to balance conflicting interests, transform tensions into positive
forces and universal cultural programming. If a state fails, people make
groups and fight their way even against state.
The paper highlights the capture of drafting process by private sector and
those in power, excluding the marginalized and vulnerable in majority of the
states and forcefully makes the case for setting universal standards for policy
making, drafting of primary and secondary laws to ensure that voices of the
poor, the vulnerable and marginalized are reflected through laws and enforced 239
by transparent and accountable institutions. There have been a lot of
discussions and actions about independent judiciary, prosecutors, lawyers and
human rights standards but very less or none about independent legislative
office. The latter lay the very foundation for legal and institutional framework.
The paper then describes characteristics and core elements of sustainable laws
and law reform projects and seeks to provide policy, legal and institutions
prescription for crisis wracked developing and post conflict countries. The
paper discusses practical tools, techniques and process to draft high quality
laws for development of responsive, transparent, inclusive and accountable
institutions. (Author’s abstract)


AbstractCourtsMeaning of JusticePolicePost-Conflict ReconciliationPrisonsRJ in SchoolsRJ OfficeStatutes and LegislationVictim Support
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