The Nebulous Lawmaking Process in Eritrea

Abstract

AbstractThis article contrasts the lawmaking process in the Eritrean transitional legal framework with experience in South Africa, which offers insightful lessons for future improvement in Eritrea. Indeed, the Eritrean lawmaking process retains many imperfections in terms of the design of the interim constitution and ensuing practice. On paper, the competence of the executive and the legislature is not clearly demarcated. Rather, it is nebulously shared between both branches, resulting inevitably in competing interests. The lawmaking process lacks democratic characteristics and defies the requirements of accountability and good governance. The practice that has followed is worse. In a country with a protracted history of executive dominance, the lawmaking competence conferred upon the executive has inexorably contributed to entrenched dictatorship. The article offers suggestions for improvement.