Free Access to Legislation
Reducing Complexity through IT & Law
Mahmoud Dodeen
Institute of Law – Birzeit
University
April 2008
Presentation
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Introducing the Palestinian Legal and
Judicial Database (AL MUQTAFI)
IoL’s experience in developing the
Legislation Database
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Single legislation
Consolidated legislation
Introduction
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When established, it was supposed that the Palestinian National Authority
(PNA) would encounter a challenge in consolidating items of legislation in force
in the West Bank and Gaza Strip. PNA also faced a challenge in developing
new, modern items of legislation that meet the Palestinian people’s needs and
expectations. Well-developed legislation is not carried out in vacuum. Despite
structural problems, the legislative process in Palestine should rely on, or at
least take into account, the rich legal heritage of various political regimes, that
have ruled over the Palestinian territory.
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In this context, the Institute of Law (IoL) conducted a comprehensive survey of
all pieces of legislation effective in the West Bank and Gaza Strip over the
relevant various periods of rule over Palestine. Based on their original sources,
PDF images of these regulations were created. Covering all fields of law, every
piece of legislation is now electronically categorised. This process aims to
develop a referential legal database that includes all effective pieces of
legislation in the West Bank and Gaza Strip. In view of its sizable scope, prior
preparation is duly significant in the Legislation Consolidation Project.
Work Methodology
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In the comprehensive survey of legislation, IoL divided its activity into
three major phases:
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Paper-based documentation:
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This includes preparatory phases for the comprehensive survey. Texts of
pieces of legislation were provided in paper format and sorted in order to
determine the effective ones. Pieces of legislation were also arranged
according to their subject matter. Legislation cards were then filled out in
preparation for electronic documentation.
Electronic documentation:
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This entails creating legislation cards as well as defining their fields.
Legislation cards were then edited and entered into the referential
database. The database was also edited and information therein verified.
Work Methodology
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Information Technology:
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IoL IT team analysed systems and selected the most proper ones
in order to build the referential database. The IT team also
designed and developed the structure of legislation cards. In
addition, IT team designed entry and application interfaces, as well
as developed and audited the database. In this context, IoL IT
Department used the best, up-to-date IT techniques as to design
the Legislation Consolidation Database, including relevant entry
interfaces, editing modes, editor modes, work programs and
Legislation Consolidation webpage.
The Legislation Database on the AL MUQTAFI accommodates
13,000 pieces of legislation (including constitutions, basic laws,
laws, and secondary legislation). Of these, only 5,540 items of
legislation are now in force in the Palestinian territory.
Consolidated Legislation
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Legislation Consolidation Project:
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In the context of its activities to develop and disseminate regulations to the public, and
in line with its vision to promoting the primacy of the rule of law and establishing
justice and human rights, IoL launched the Legislation Consolidation Project, which
was funded by the Government of Belgium. This endeavour is based on IoL’s mission
to safeguard the Palestinian legal heritage, develop the legal system in Palestine, as
well as promote partnership and cooperation with justice-related institutions.
Concept of the Project:
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The Legislation Consolidation Project aims to create new legislative units composed
of original pieces of legislation that are consolidated with their relevant effective
amendments. As such, a piece of legislation will be read as one integral final unit
along with its respective amendments. The Legislation Database also provides an
option to access any version of the piece of legislation in question at any point in time,
as users decide. This process is in line with a systematic, scientific approach that
assimilates problems associated with the Palestinian legal system.
Legislation Consolidation Project
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Scope of the Project: The Legislation Consolidation Project covers all
effective 5,540 pieces of legislation. These include primary legislation
as well as secondary laws and regulations.
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All items of legislation in force were consolidated. With respect to
secondary legislation, only regulations passed by the Palestinian
National Authority (PNA) were consolidated. In the future and
depending on available resources, IoL intends to consolidate all
operative regulations over various historical periods.
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In light of the current political and legal debate, laws amended by
Israeli military orders were processed as follows: users can either
browse such laws with the military orders consolidated therewith, or
view the consolidated laws without reference to the relevant military
orders (as we can see below).
Objectives
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The Legislation Consolidation Project works conforms to IoL's trend to
updating and enhancing legal frameworks as well as benefiting from IT
breakthroughs in order to develop legal databases and ensure free
access to legislation. In particular, the Project aims to:
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Simplify and make clear the Palestinian legal system that governs all
aspects of life in Palestine.
In addition to the legal community, enable all interested groups to browse
Palestinian legislation.
Introduce judges, lawyers, legal advisors and researchers to all
amendments made to pieces of legislation.
In general, empower all law enforcement bodies to easily and clearly
recognise their respective role in this regard.
Produce final images of pieces of legislation according to their own
subjects. The outcome of the Project is to ensure enabling the Palestinian
legislator to contribute to set legislative priorities as well as help update
legislation in line with Palestinian needs and reality.
Project Outputs
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The Legislation Consolidation Project has produced
a new database on AL MUQTAFI that
accommodates consolidated pieces of legislation.
The database features an appropriate search
method. In addition, all relevant amendments and
corrections will be electronically documented on due
occasion.
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Below are images illustrating the form of
consolidated pieces of legislation:
Form of Consolidated Legislation
Consolidated Texts
An article amended on more than one
occasion
Amending Military Orders
Amending Military Orders