The Role of Stakeholders in Making Legislation: A Study in Legislative Credit | ||
Journal of Anbar University for Law and Political Sciences | ||
Article 18, Volume 13, Issue : 2 part 1, September 2023, Pages 527-566 PDF (859 K) | ||
Document Type: Research Paper | ||
DOI: 10.37651/aujlps.2023.142375.1052 | ||
Authors | ||
عمار Øبيب المدني* 1; Dr. Muhammad Kazem Muhammad Al-Awadi2 | ||
1كلية القانون / جامعة القادسية | ||
2College of Law / University of Al-Qadisiyah | ||
Abstract | ||
This paper discusses the issue of stakeholder participation (Public Participation) in the process of enacting the law. The long-term goal behind this "Public Participation in Law-Making Process" lies in leaning the provisions of the law towards a practical realism based on the market, that enhances transparency and prevents conflicts with stakeholders in order to strengthen legislative confidence and trust and to ensure compliance with the provisions of the law. Through the research methodology, We tried to identify the legal concept of Public participation and highlight the importance of involving stakeholders in rules-making tasks at the international and national level by citing a set of well-established and recent legislative experiences in this field, as well as some beneficial judicial rulings. Completing the research necessitated writing four fundamental divisions that dealt with the research subject and its global sophistication at the international and national levels and tracking its extension in selected Arab countries, especially Jordan, Tunisia, and Morocco. In fact, involving stakeholders in the legislation industry would provide realistic and sustainable legislation capable of gaining confidence by enabling stakeholders to predict and observe the tendency of legislation which could give them significant opportunities to adapt their interests appropriately. On this basis, the research suggests that Arab countries, specifically Iraq, should adopt a legislative approach that involves stakeholders in the legislation-making process to narrow the gaps and achieve consistency with the global legislative movement, as well as contribute to supporting legislative credit and enhancing confidence in the Arab business environment. | ||
Keywords | ||
Keywords: Sustainability; ØŒRealism; ØŒPublic participation; ØŒSocial legitimacy; Ø›; ØŒLegislative credit | ||
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