معتز حميد صالح الصياغة التشريعية وأثرها على مسلك القاضي في الدعوى المدنية (دراسة تحليلية

Abstract

Legislation is the highest achievement of human intellect, yet at the same time, it is one of the most dangerous outcomes, as it can direct and regulate individual behavior, restrict their freedom, and define what they are permitted or prohibited from doing. Like other aspects of life, legislation requires constant reform, amendment, and maintenance whenever necessary. However, the issues surrounding legislative texts are not minor, and finding the optimal solution is not an easy task. A drafted legislative text goes through many stages, as it is the product of numerous struggles, proposals, and interactions. Therefore, legislative drafting is not a random process; it is the result of various pulls, strategies, ethics, arts, sciences, ideas, theories, assumptions, and highly refined skills.                                       

In order to better understand the dimensions of the subject, we presented a definition of legislative drafting from both linguistic and terminological aspects, and then we concluded the significant impact that the drafting of the legislative text has on the judge’s conduct in the civil case, if drafting the text in a manner dominated by procedural complexity causes the slowness of litigation and the prolongation of the period. The dispute, in addition to the ambiguity or lack of clarity of the legislative text, forces the judiciary to resort to judicial interpretation, which inevitably causes a difference in interpretation that results in a difference in the issuance of judicial decisions.