Laws must be enforced after being passed, judge Niyaz says
He added that a law cannot be effectively implemented unless it is shaped by considering the situation of those responsible for enforcing it.
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High Court Justice Mohamed Niyaz has said that laws passed by Parliament must be enforceable and developed in consultation with relevant authorities.
Speaking at a meeting between the Judiciary Committee of Parliament and the Judicial Service Commission (JSC) held on Monday, Niyaz said that laws should be drafted according to the country’s circumstances and its regulatory framework.
Niyaz, who also serves as the Vice-President of the JSC, made the remarks following comments by JSC President Hussain Riza Adam and Civil Court Judge Farhad Rasheed, who raised concerns about delays in the Civil Court due to the Civil Procedure Act.
“When Parliament passes a law, it should examine the current situation in the country and whether the law can be implemented in that context,” Niyaz said. “This can only be done by consulting the relevant authorities and obtaining their views before passing the law.”
He added that a law cannot be effectively implemented unless it is shaped by considering the situation of those responsible for enforcing it and the existing rules and regulations.
Niyaz noted that the Civil Procedure Act was based on the United Kingdom’s legislation, stating that while the Act itself may not be flawed, the issue lies in applying a foreign legal framework to the Maldives. He said that laws in the Maldives must be suitable for the nation’s conditions.
JSC Chairman Hussain Riza said that the outcome of passing laws without adequate consultation is the need to amend them before they come into effect. He added that such problems arise because laws are created without sufficient coordination or research with the concerned institutions.
“This Parliament should take this into consideration. We are observing that laws are being introduced rapidly and require amendments before they are implemented,” Riza said.
Civil Court Judge Farhad Rasheed said that before the Civil Procedure Act was enacted, about 60 percent of cases were resolved quickly under the earlier rules. He said that effective regulations had been abolished by the new law.
Farhad added that any changes to legal frameworks should be made after consultation with relevant parties and thorough research. He said that it is important to discuss the possible consequences of a new law with the concerned institutions.
