Good Legislative Drafting as a Tool to Strengthen Governance in Algeria

Abstract

The importance of good legislative drafting lies in the fact that it is the primary tool for transforming the state’s general policies and objectives into clear, understandable and easily applicable legal rules on the ground.

The Algerian constitutional legislator, aware of this importance, has not hesitated under the last constitutional amendment of 2020 by stating, for the first time, in Article 34 of the Constitution, that the state’s competent authorities must abide by the principle of legislation clarity, which is the principle on which the quality of legislative drafting is based.

The achievement of the latter was linked to the full exercise of their role by the main actors in drafting the legislative text.If achieved, it would contribute to laying out conditions for development and would pave the way for the judiciary institution to attain justice and equality, which would have a positive impact on strengthening general governance in Algeria.

In this study, we have relied on a theoretical approach to the topic’s basic concepts, by undertaking the content analysis and, in particular, the analysis of legal texts.