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are concerned or will be affected by these other
policies or by the policy
direction of the new draft law.
3.2.2. Constitutional Compliance
a. One means of determining the quality of legislative drafting in Ethiopian
context should be the consistency or compliance of the draft law(s) with the
provisions and requirements of the Constitution of the FDRE.
b. The mechanism for a drafter in Ethiopia to check such consistency or
compliance is
verification of the content of the draft law(s) in line with the
provisions or requirements of the Constitution of the FDRE.
c. So, a drafter, before finalizing the draft, shall always check and verify that
the provisions of the draft law are not in conflict
with the Constitution of
FDRE, in particular with the provisions which guarantee rights and
freedoms.
d. A drafter shall,
after completing the verification process, duly fill the
“
Compatibility Certificate” format,
attached herewith, so as to provide
appropriate information regarding the degree of compatibility with the
FDRE Constitution.
A drafter must state in this Compatibility Certificate
whether the draft is fully compatible with the Constitution, and if not to what
extent it is incompatible together with the reasons for such partial
compatibility. This Certificate must be attached
with the draft law at every
stage of its consultation, including the approval process before enacted.
e. Apart from the drafter, other institutions in Ethiopia (e.g. the Legal
Research
Institute, the Council of Ministers, the Legal Committee of the
House of Peoples‟
Representatives, the House of Peoples‟
Representatives itself, etc.. ) should also
verify the constitutional
compliance of a draft law before it is approved and becomes law.
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