دور الأسس السليمة للتشريع و الصياغة في معالجة القصور التشريعي

Abstract EN

There is no doubt that the legislation is a means to achieve a social, economic or political goal, and this requires that the legislator has a prior conception of the goal or purpose to be achieved.

The legislator's policy in achieving the various goals and objectives sought by law is through its various means.

Legislation is a technical expression of what the society needs and what it controls.

It is an expression of the need and requirements of society.

Also, it is a need that is governed by life, facts and what the mind dictates to that life.

However, the legislative rule cannot be derived from a mere social fact.

It is closely linked to a particular process of human thought, and this is the process of evaluating the former causation rules, in view of the realization of those rules for the Public interests.

The law stems from the social reality and becomes the basis of a firm pyramid whose base is the human interests and its legal principles.

The legislator may also be influenced by other factors when preparing the draft legislation in a given field.

Among these factors are the foreign laws, which are incorrectly transmitted through the adoption and application of foreign law, as the foreign law cannot prepare legislation for another country.

Where it is not logical to adopt a foreign law from an environment and transfer it to another environment, that has not been understood and is not accustomed to its application, due to that the law usually born in its environment according to long and successive traditions