Doctrinal trends in legislative drafting divisions
Abstract
jurists, professors and book divided legislative drafting under different headings as types of legislative drafting, and methods of legislative drafting, drafting methods, and means of drafting, and it is noted that either tradition, and copying from some in the study of the subject, and disagreement of the scholars and writers to incorporate what is involved under each subject, and the purpose of presenting the subject from a different angle, and to provide a comprehensive division that includes all types and styles and ways and means, and the in order that the subject is not directed and study it more than once under different titles, the address (the divisions of legislative drafting) was choosen to study the issue and raise some dilemmas about the subject and the research divided to four branches, the firstbranch is allocates to demonstrate the divisions jurisprudence and the types and methods of legislative drafting, and the second for the division of legislative drafting in nature (rigid and flexible), and the third to divide the drafting in terms of ways (material, moral) material ways :( including (the use of quantum replace qualitative), the use of shape, sects and divisions, and falls under the moral drafting : all the evidence, legal resourceful ways, and the final section is devoted for
Of the division of legislative drafting in terms of its scope of application it, was general and details were addressed in the legislation, and example and exclusiveness in the legislative drafting, and peremptory norms and complementary norms in legislative drafting.
It is noted that the legislator sometimes deliberately use the flexible drafting in order to for the text accommodate other cases in the future, and that the use of rigid drafting varies depending on the legislative gradient as it is frequently used in the constitutional texts, while less used in legislation, and that the legislator has to all divisions used by the nature of the legislative text as evrery parts of divisions has positives and negatives, and accuracy in usiy ways of drafty contributes in improring legislative drafting.
