Legislation Drafting Practices
Legislation Drafting Practices
Legislation Drafting Practices
Legislation, being the cornerstone of parliamentary system, involves making, enacting and amending
laws that serve to protect the citizens’ rights and delivers smooth functioning of government
systems. It mainly ensures order and justice in society via a sequential process of proposing, drafting
and approving of laws by the legislative bodies including parliaments. Of these, Legislative Drafting is
of paramount importance and plays a central role in shaping the legal and governance framework of
the country because it serves as a conduit through which constitutionally complaint laws are
formulated, refined and enacted. The legislation drafting is a dynamic and evolving process that
undergoes a step-by-step process of Initiation, Drafting, consultation, Scrutiny by parliamentary
committees, parliamentary debate and presidential assent. Essentially, these steps ensure that laws
are clear, consistent with the constitution and aligned with the changing needs and challenges of the
nation.
The legislative Drafters are at the heart of transforming executive’s policies, objectives and legal
principles into clear, precise and well-articulated legislation. Drafters’ role for government bills--on
the instructions of cabinet members and ministers-- is relatively less daunting as opposed to private
member bills where lack of resources and technical expertise on the part of non-governmental
members warrant special attention by the LDS. The drafters is expected to ensure that the legislation
is: consistent with the constitution, state laws and international laws especially relating to human
rights and international trade; the outcome collaboration with various stakeholders, including
government ministries, parliamentary committees, legal experts, and civil society organizations;
drafted in a clear, precise, and unambiguous language that leaves no room for misinterpretation or
confusion among legislators, legal professionals, and the general public. Absence of any of the
aforementioned key aspects will result in ill-drafted bills/laws, raising questions on the role of
drafters in general, and leading to litigations on interpretive ambiguities, impeding the effective
functioning of Pakistan’s legal system and protection of citizens’ rights, in particular.
Objectives
The training or workshop targeting Legislative drafters aims to achieve/deliver following outcomes: