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A look at the legislative initiative in different political systems

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A look at the legislative initiative in different political systems
Electronic Science – Anas Al Shaara

The enactment of laws is a basic right reserved by parliamentarians in democratic systems, despite the conflict and debate that entails with the executive authority. In order to ensure effective parliamentary legislation, in which laws become a normal legislative process, the mechanisms and systems for preparing these laws and the paths they follow should be understood. Within this file, Al-Alam proposes to translate important parts of the “Guide to Preparing Proposals for French Legislative Laws”, which sheds light on how to prepare the main initiative to put forward proposals for amending the legislative system by adding new rules, or canceling current rules, and rewriting provisions, or Re-numbering articles of the law to account for changes.

The initiative Legislative in systems Same the chapter strict

In some countries – particularly those where the separation of powers is very strictly enforced – the legislative initiative belongs exclusively to the members of Parliament. Congress, provided that in this type of system the president presents texts prepared by his administration but cannot legally introduce them, a practice so common that many observers of the American system hold that the president has the actual right to legislative initiative as the “chief legislator” , while the right of parliamentarians at this stage is still only a formal arrangement.

The initiative Legislative in systems Same the chapter Flex

In systems operating with a system of flexible separation of powers, the right to initiative is generally shared between members of the executive branch, – as the case may be, the government as a collective entity_, the head of government (the prime minister) or (f) the head of state, in the first instance, and the legislature i.e. Member of Parliament, which is unicameral or bicameral and so on. In France, the main legislative initiative belongs jointly to the Prime Minister and the members of Parliament – deputies and senators – (Article 39, first paragraph of the French Constitution), and it is noted that in addition to the Prime Minister The remaining members of the government collectively participate in the exercise of these competencies, because draft laws are compulsorily debated in the Council of Ministers.

As for draft constitutional laws, they are submitted legally, not by the Prime Minister, but by the President of the Republic on the proposal of the Prime Minister (Article 89). In practice, according to the usual formula, the draft is presented “on behalf of Mr. / Mrs. … President of the Republic, by Mr. / Mrs. … Prime Minister”, in addition to the Minister of Justice. And holders of the right of initiative, some systems with a flexible separation of powers recognize the right of legislative initiative to other authorities, and in some areas in a broader or narrower way: such as some administrative and public bodies, etc. Finally, a special mention must be devoted to “popular initiative”, which, to varying degrees, is probably not compatible with a particular type of separation of legislative powers, and, regardless of the country, the executive branch generally shows great wariness of this power, and may not receive the filing of a proposed Act of Parliament .

analysis proposals political

Although legal proposals may sometimes have a definite aim, they are in fact the actual expression of the legislative power conferred on parliamentarians, and therefore; They represent a major political act, which binds both the proponent and the parliament as a whole, and this is especially true for the most ambitious legal proposals, which aim decisively at political questions (such as texts on the balance of institutions, or texts on social issues etc.).

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In this respect, questions relating to the drafting of a law proposal are not merely a legal technicality, but have a political dimension, whether it is related to the feasibility of the process or its consistency with the general positions defended by the proposer or his political party, and moreover, even in cases where the actor is aware properly that his bill stands no chance of being approved and of becoming law, he must be aware of the effect his text may have on public opinion or on his constituents: that his bill may give him some recognition in the short term, but he may break away from other parts of his electorate; Moreover, a political opponent will never, even after a very long time, hesitate to refer to any bill that has been forgotten for years if it can be used against its “author” when the circumstances are right. That is, without the proposer or proposers having carefully thought through the consequences of its submission and approval. In view of the aims he achieves, the writer of a law proposal must assess whether his text is appropriate or not: in other words, does he think it is politically expedient and desirable for him to take an initiative, or would it not be better to put it off?

Law proposals do not necessarily reflect the intention to pass a law or even to study the text on the part of associations. Often, bill proposals are presented as a “legislative act” with a purpose that is not so much legislative as satisfying or conveying the demands of social, economic, professional groups, etc. In other cases, it can be about showing commitment or taking a political stance, or legally translating the essential elements of a political programme, electoral promise, etc., and in some cases MPs present bills to respond generally and promptly to a topic of the moment, especially if there is discussion or controversy in public opinion: one of the important reasons for the proposer is also ” Determine the date, “that is, it should be part of the discussion from the beginning that may later reach a legislative stage, and in a similar context, MPs can submit bills to the government”, provided that it has committed itself to intervene in a particular issue. Limited, it may be introduced by one or more members of a group, but in reality the proposal stems directly or indirectly from the executive.

initiative Legal: amendment legislation mast

Initiatives of a genuinely legal nature make up the largest number of law proposals. Legislative initiatives that are genuinely designed to legislate propose the adoption of measures sometimes aimed at creating a new legal order, repealing old or controversial legal provisions, or amending existing ones. It is about modifying the way in which existing (or previous) law has been applied, by adopting a legal interpretation or legislative endorsement of an overturned administrative decision, for example. In rare cases, the initiative is not related to the substance of the existing law but only to its formal structure. However, this type of bill is not common because it requires a large investment in legal research and writing for limited political and electoral return.

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participation in editing suggestions Parliamentary

It turns out that the personal participation of members of parliament in drafting legislative proposals with a true nature of legal standards varies based on a number of factors. Some are of a political kind: the technical work aspect of proposals is invariably commissioned by the experts of the Collection Secretariat, while the decision to submit the proposal is taken by the Group itself or with its permission. Conversely, in groups whose members enjoy more freedom of action, the use of the right to initiative may be left to their free discretion. Other factors are considered more personal, as some MPs have a voluntary vision of their role as legislators and do not hesitate to verify the proposed legislation with their signature, while others prefer to rely in this regard on the opinion of experts, so that they accept the submission of “ready-to-use” texts that have been prepared for them by groups. Pressure (political parties, trade unions, organizations…).

Whatever the objective pursued, it is rare for a Member of Parliament to be personally criticized for submitting a law proposal devoid of serious foundations, however, his political credibility may be affected. Therefore, we must carefully identify and evaluate the political reasons that drive the formulation of the legislative proposal, and it will be These are the main reasons for the interpretations of the proposals.

editing texts

For the legislative process to be effective, it is supposed to be legally coherent in all its stages, on the external level: by ensuring the compatibility of the text with the rest of the law, and on the internal level: by avoiding any contradiction between the text of the proposed law and the explanations provided in the memorandum of interpretation.

The concern for the external legal interdependence of the legislative proposals, in which the external legal interdependence should be adhered to, and the legal proposal must meet two requirements:

a – the possibility of including the text in the legal arrangement without conflict between the laws (at least major conflicts) and in their own sphere;

b- The possibility of a general reconciliation of the provisions that it enacts with other texts regulating it, which will lead, for example, to the use of the same general terminology in proposing the law as those found in the laws that regulate this subject.

All of this depends on a field falling under several categories of legislative rules (basic law and ordinary law, for example), carefully coordinating the two approaches, in order to allow the application of the new provisions in a logical and legally enforceable system.

a guarantee Agreement Text with his environment legal

law with other rules governing the same field, and to this end, the proposer will try to write his text by choosing general formulations and terminology already used in the applicable legal sector and therefore; A proposed bill in the criminal field has an interest in conforming its apparatus to these principles – by respecting the new rules for the definition of crimes – rather than reinventing other formulations.

respect procedures Submission

When the drafting of the law proposal has been completed, it is time to submit it to the service of the association responsible for legislative procedures, and this submission requires respect for some prior rules regarding form and content. Although this varies from country to country – or even from house to house in bicameral parliaments – the procedures imposed on bill proposals contain some constants, and it is important to respect these rules carefully as they are used as criteria for the legal qualification of an initiative (see if Actually proposed law) and determine the extent of its receptivity.

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a- Choose the written form

Submission of proposals for laws requires a written form, this condition is undoubtedly necessary in countries that may suffer from illiteracy within Parliament. Proposals written only orally will have many disadvantages: their content may not be properly understood or may raise objections about their content; It will be difficult for other MPs to find out about the verbal initiative only, especially if it is taken outside the days when Parliament meets. Finally, the written form affords robustness and later consultation of the proposal, which the oral form by definition does not guarantee: important advantages in the management of the parliamentary archives.

b- Mention the owner of the project

The right of parliamentary initiative may be exercised individually or collectively. Mentioning the name of the applicant (or applicants) of the legal proposal is necessary, to ensure that the signatories are entitled to initiate and, more importantly, to enable any interested person to clearly identify the source of the proposal and, if necessary, to draw appropriate political conclusions (for example, the voter will consider the proposals Laws submitted by his deputy during the subsequent legislative elections). Mentioning the name (or names) of the sponsors of the initiative is of political importance. The government and the concerned group will take this into consideration in completing the legislative procedures; As will happen, for example, if all heads of political groups in the Assembly sign a bill or when a large number of parliamentarians from different political groups sign it; Everything indicates that such an initiative transcends the normal differences between the majority and the opposition and has great prospects of being adopted by the Assembly, even if the government is not in favor of it.

If the proposals are formulated in the briefest possible terms, then the legal proposals remain texts of a legal nature whose meaning, especially its true purpose, cannot always be understood by beginners at first sight. Great benefit. For example: “to propose a law aimed at….” or “aimed at….” or “relating to….”

c- The feasibility of the proposals

I inserted Article 1 of the General Instructions of the Office of the French National Assembly, which states that care is taken that the identification of legal proposals must be preceded by a “brief title”. To fulfill its educational function, the title of the proposal must be clearly legal. With the development of computational tools, the title has also become a “field” for selecting and searching for texts: therefore, it is recommended to include the main concepts clearly, so that the computational savvy can easily find the required proposal through the title field itself. On the other hand, repeating the same device text as the title of the legal proposal may cause ambiguity in the message.

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