“The Legislative Process in Palestine between Theory and Practice

This study is the second publication related to the legislative harmony. In the first part of this study emphasis was put on the importance of the legislative policy and its role in the legislative process in Palestine through highlighting the expected aims of the existing legislative policy (The need for the legislative policy),

as well as  on the consequences of the legislative policy absence, particularly on  contradiction and incompatibility of laws.

Emphasis was also put on the components of the legislative policy, in an attempt to introduce the policy writers; on the relationship, and possible effects, between a legislative policy and the priorities of legislation.  The study has revealed the effect of the legislative policy on legislative mechanisms. The lack of such a policy has a negative impact on new laws. As a result, many laws have frequently severe inconsistencies and shortcomings and they need to be amended shortly after they come into force and sometimes even before. Inevitably, this increases the burden on policy development within ministries and the PLC, but also makes the subsequent implementation phase difficult.

The study recommended important prerequisites to improve the policy development stage. The introduction of procedures and practices on the development of policies is essential and should be part of the legislative rules. It should be made obligatory for every department in a line ministry to prepare a policy in writing prior to starting the drafting of an individual piece of legislation.

The study was divided into three parts: First Part:  Legislative Policy; Second part: Legislation Drafting; Third Part: Legislative Mechanism: