The Omani Legislator's Use of Drafting Styles in Terms of Method 10.35781/1637-000-148-007

Abstract

Abstract: This research examines and analyzes the extent to which the Omani legislator uses commercial drafting techniques in legal texts, where the process of establishing a legal framework begins with "banking drafting" after the initial concept of the legislation is developed. This idea takes the form of precise legal texts that are easy to apply, and are poured into appropriate legal templates, in accordance with sound legislative drafting principles. This research aims to explain the concept of legislative drafting and its forms in general, leading to an explanation of the types of legislative drafting in terms of the means, and the extent of their common use by the Omani legislator. Therefore, this research combines the theoretical aspect and the practical application aspect by providing real examples from Omani legislation for each type of legislative drafting in terms of the means. The researchers followed the analytical and descriptive methods, and they reached several conclusions, the most important of which is that legislative drafting is the preparation of legislation in the form of articles that are better combined with each other, and the legislator has forms of drafting the legal rule, such as rigid drafting and flexible drafting, according to the desired goal behind the legislation. He may also resort to circumstantial evidence, presumptions, or legal tricks. The research also reached several recommendations, the most important of which is the need to include the subject of legislative drafting as one of the prescribed subjects in law faculties in all universities and legal institutes and to increase interest in research and studies in the field of legislative drafting. Keywords: Legislative drafting, legal rule, Legislative drafting in terms of the means, Omani legislator.