Unifying the Drafting Authority of Criminal Tex
Keywords:
- Unifying drafting body. - Multiplicity of drafting bodies. - Drafting of criminal text. - Moral responsibility of the drafter.Abstract
The multiplicity of drafting bodies of the criminal text leads to a problem in the domain of the drafting of criminal text. It also leads to disagreement in the use of the criminal term resulting from the multiplicity of drafting bodies which in return causes a crisis in the criminal term because multiple parties may use one term to refer to different models of behavior. Moreover, it results in the absence of legal certainty which demands that the term should be examined and unified as well as the avoidance of using it to refer to another forms . Thus, states have paid a great attention to the problem of the multiplicity of drafting bodies and established drafting authorized body to secure criminal term unity .
References
First: - Legal books
- Dr. Ashraf Rifaat Muhammad Abdel-Aal Khazm, The Criminal Base between the Jurisprudence Industry and Legislative Drafting, Dar Al-Nahda Al-Arabiya, Cairo, 2020.
- Dr. Saeed Ali Al-Qatati, General and Special Conditions for Criminal Legislation, Center for Arab Studies, Egypt, 2016.
- Aliwa Mustafa Fath Al-Bab, Mediator in the Enactment, Drafting and Interpretation of Legislation, Book One, Enacting Legislation, Part One, dar shatat, Egypt, 2012.
- Dr. Fahima Ahmed Ali Al-Qamari, The Basics of Legal Drafting, House of Books and Arab Studies , Egypt, 2019.
- William McConnell, Jane Senlar, Albert Gottis, Philo Mick, JL Ginsberg, J. J Finkstein, S. N, Karmir, Hammurabi's Law of Legislation in the Ancient East, 2nd Edition, translated by Osama Saras, Alaa Eddin House, Damascus, 1993.
Second: Research
- Dr. Akram Al-Wattri, The Art of Preparing and Drafting Laws, a research published in the Journal of the Judiciary, the Iraqi Bar Association, third issue, year 26, 1971.
- Dr. Sri Mahmoud Siam, Standards Governing the Quality of Legislation Industry, research published in the Legal Journal, issued by the Legislation and Legal Opinion Authority, Bahrain, first issue, first year, 2014.
- __________________, National confrontation of the challenges of globalization of legislation, Research published in the Legal Journal, Legislation and Legal Opinion Authority, Bahrain, Third Issue, 2015.
- The round table held at the Legislation and Legal Opinion Authority on Monday, 29/4/2013, entitled (The Law of Building Regulation and its Role in Economic and Urban Development) published in the Legal Journal, issued by the Commission, first issue, 2014.
- Dr. Laith Kamal Nasraween, Good Legislative Drafting Requirements and Their Impact on Legal Reform, research published in the Journal of the Kuwait International Law College, fifth year, 2017.
- Dr. Mohamed Pour Farhat, Legislation as a Tool for Social Control, National Criminal Journal, No. 1-2, 1994.
Third: - thesis
- Dr. Abdul Rahman Turjan Al-Ayoubi, Administrative Judiciary in Iraq, Present and Future, PhD thesis submitted to the Faculty of Law, Cairo University, 1965.
Fourth: Legislation
- Iraqi Legislation
A- Iraq's constitution 2005 .
B - Law of the Court of Legal Codification No. 49 of 1933, which is repealed
C - Law of the Iraqi State Council No. 65 of 1979, amended and effective.
d- Law No. 30 of 2011, the Integrity and Illicit Gain Commission, as amended.
- Other Legislation
A- Law of the Egyptian Council of States No. 47 of 1972, amended and effective.
The Constitution of the Kingdom of Bahrain 2002 amended and effective .
B - Law No. 60 of 2006 on the Reorganization of the Legislative and Legal Opinion Commission.
C - The Constitution of the Arab Republic of Egypt 2014.
D -
C- Decision of the President of the Egyptian Arab Republic No. 209 of 2017.
Fifthly: Foreign sources
- Ann Seidman & Robert B. Seidman, Instrumentalism 2.0: Legislative Drafting for Democratic Social Change, Legisprudence, Volume 5, Issue 1, 2011.
