Legal and Legislative Drafting SIMAD UNIVERSITY Mogadishu Somalia
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Legal and Legislative Drafting SIMAD UNIVERSITY Mogadishu –Somalia 08 March 2021
Chapter six Legislative Process of Somalia 1. Meaning of Legislative Drafting Legislative drafting is one of the legal drafting forms which deals with drafting legislative documents such as bills, amendments, resolutions and motions which are considered by the legislative branch of state. 08 March 2021
2. Parliament as Law-making organ in the state Parliament as the law-making organ in the state came as a result of the principal of Separation of Powers which advocates, for reasons of protecting the liberty and freedom of individuals, to divide the state power into three branches namely: a. Parliament= to Make laws b. Executive = to execute laws; c. Judiciary = to interpret laws. 08 March 2021
So that, Parliament became the branch that is vested the power of making laws for the country. In constitutional democracies, parliament has the power to make, amend and repeal laws. See clause (2) of Article (55) of Provisional Constitution of Somalia Parliament also has other functions which are: to represent the people and to hold the government accountable for its actions. 08 March 2021
3. Law-making process under Provisional Constitution of Somalia As we have seen before, Parliament is an organ which is vested in the power to make, amend and repeal laws. Somali Federal Parliament consists of two houses which are: • the lower house which is called House of People which consists representative of Somali People • the upper House which consists of representatives of Regional States in Federal Republic of Somalia. 08 March 2021
Title four of Chapter Six of Provisional Constitution of Somalia covers the legislative process in parliament as follows: a. What is Draft Legislation? art. 79 of PCS Draft legislation is a draft law which is proposed to the parliament to make it law. According to Provisional Constitution of Federal Republic of Somalia, a draft legislation is a proposed draft law presented before one of the Houses of Somali Federal Parliament. 08 March 2021
Reviewing, replacing, and proposing amendments to the Constitution; ii. Writing and preparing a new draft law which is not related to the annual budget; iii. Proposing a new draft law which is not related to the annual budget; iv. Reviewing an existing law. b. Who can initiate draft law? Initiation of a draft law in the House of the People can be done either by the council of Ministers or ten members of the House of the People. i. 08 March 2021
In upper House, a draft law can be initiated by one representative of regional state to the upper house or a committee of the upper House. c. political Resolutions Art. 81 of PCS § only the House of the People has the power to reject a draft law § Only the House of the people has the power to send to president a draft law for his signature. 08 March 2021
Draft laws initiated in the House of the People The House of the People takes one of the following action on a draft law presented before the House: 1) passes it without amendment 2) amends it 3) rejects it(kills the draft law in the Hop and informs the upper House) Sends it to Upper House The upper House takes one of the following on draft law from Hop : 1) Accept as it received 2) Amends it 3) Rejects it s The president of Federal Republic of Somalia signs the draft law passed by National Federal Parliament of Somalia and is published in the Official Gazette of Somalia. Hop Sends the draft law to president in all cases except when draft law is rejected both houses Sends it back to Hop The Hop takes one of the following: 1. sends draft law made with no amendment by upper House to president for signature. 2. consider the draft law made with amendment, If it accepts it sends to president and if not it overrules 2/3 majority and then sends to president. 3. consider rejected draft law. If it agrees; drops the draft law and if not overrules 2/3 and sends to March 2021 the 08 president for signature.
Draft laws initiated in the Upper House The Upper House takes one of the following action on a draft law: 1) passes it without amendment 2) amends it 3) rejects it(kills the draft law in the Upper House ) Sends it to House of the People The House of the People takes one of the following on draft law from Upper House : 1) Accept as it received and then sends it to president 2) Amend it and sends it back to Upper House 3) Reject it and sends it back to Upper House with reasons Sends it back to Upper House The House of the people takes the following actions on its decision of amendment and rejection that has overruled by Upper House: 1. accepts the overrule of the upper House on its amendments and rejection and sends it to president for signature. 2. Overrules the decision of Upper House on its amendments and rejection and the draft law is dropped Sends to House of the People in cases of overruling the decisions of Hop on amendment and rejection The Upper House takes one of the following Actions in case of 2 and 3: 1. Accepts the amendment and sends it back to House of the People to send it to president or rejects the amendment and overrules on 2/3 and sends it back to house of people. 2. Accepts the rejection and the draft law is dropped or overrules the rejection of the House of the People on 2/3 and sends it back 08 March 2021 to House of the People.
