Rationale
African legal sources, and in particular legislation, are getting more and more complex. Increasingly intricate systems of norms and references are created, as new Acts and amending Acts produce multiple, overlapping, rapidly changing layers of legislation and as national legislatures take into account other (local, regional, and international) sources of law.
At the same time, we are currently witnessing the transition from paper to digital documents and records, resulting in unprecedented opportunities for better lawmaking. Information and communication technologies can provide African legislatures, courts, and other public institutions, as well as private enterprises, individuals and other stakeholders, with the tools to properly manage the proliferation of legislation in ways that satisfy the needs of all.
Under these conditions, better lawmaking has become a strategic component in the move toward the rule of law and good governance in Africa. Legislative Acts complying with principles of good legislative drafting on the one hand can be easily and clearly understood, and on the other hand can be effectively processed though advanced information and communication technologies. Good legislative drafting, combined with appropriate information technologies, can provide all stakeholders with the legal information they need, and in particular can enable citizens and operators to identify precisely their rights and obligations and courts to enforce the laws effectively. Moreover better lawmaking, on the basis of consistent legislative practices, can greatly facilitate the harmonisation of laws in Africa.
The Legislative Drafting Guidelines for Africa, by defining the common structural elements of legislation according to principles of good legislative drafting and legislative informatics, aim at providing African Parliaments with a shared approach to better legislation. Their adoption by all African Parliaments can contribute to the quality of African legislation, the harmonisation of African laws, and the development of advanced legal information services in Africa.
