Legal Drafting in Light of the Social Contract’s Requirement
Abstract
Legislation poses a challenge for every country, requiring a balance between societal needs for legislation and the achievement of desired objectives. The formulation of legislation is crucial where it exists. While theorists of the social contract disagreed about its concept (the social contract), they agreed that its purpose is to serve the public interest, which can only be achieved after the state concedes – at least in part – of some private interests. As long as the social contract aims to advance the public interest and the law is supposed to express that objective, according to the above, legislative drafting must be a means to controlling social reality. This reality is subject to constant rapid development, highlighting the need for legislative drafting as a factor devoted to social reality. Moreover, any development should reflect the values and transformations within society.
Based on the above, adapting laws and legislative policies to address the unique needs of each society within a specific time context is necessary. Consequently, legislative drafting acquires its significance, as it is a technical, scientific and practical mechanism at the same time, requiring proficiency and a deep understanding of the science of law and political sociology. Achieving the objectives of the social contract, such as protecting individual rights and fostering justice and stability, relies heavily on these two dimensions
Journal/Conference Information
Social contract journal ,DOI: https://clr.gov.krd/magzine/, ISSN: 27891100, Volume: special volume , Issue: 2024, Pages Range: 500-600,