The Role of an Explanatory Note in Legislative Process

2016 ◽  
Keyword(s):  
Legislative Process ◽  
Explanatory Note

The Role of Government Backbenchers

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Policy Change ◽  
Legislative Process ◽  
Role Of Government ◽  
Policy Actors ◽  
Corporate Manslaughter ◽  
Party Cohesion ◽  
Government Legislation

This chapter explores how government backbench parliamentarians in both chambers at Westminster influence the content of government legislation and the dynamics of politics. Government backbenchers are often thought to be Westminster’s most influential policy actors, operating through the ‘intraparty mode’. As summarized here, governments have recently become less able to rely on their votes, thanks to declining party cohesion. Yet governments are rarely defeated as a result of rebellious votes. This chapter analyses government backbenchers’ amendments proposed to the 12 case study bills—some of which served purposes other than immediate policy change—and their role as ‘pivotal voters’ in resolving legislative disputes with other (particularly opposition) actors. It also emphasizes their influence on legislation before it is introduced, and the importance of ‘anticipated reactions’. For example, ministers introduced the Corporate Manslaughter Bill only reluctantly, following backbench pressure. Backbenchers hence have subtle, and often hidden, influence in the legislative process.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

The Parliamentary Role of Joint Standing Committees in Sweden

1951 ◽  
Vol 45 (2) ◽  
pp. 464-473 ◽  
Author(s):  
Neil C. M. Elder
Keyword(s):  
The Political ◽  
Legislative Process ◽  
The Government

The joint standing committees of the Swedish Parliament are unique institutions of particular interest to the political analyst. They are the very linchpin of the legislative process in Sweden; they mediate in the event of intercameral disputes; and they even arrogate to themselves quasi-governmental powers when the government cannot muster a majority in the legislature.

The Legislative Process: The Rise of the New Order in Congress

Congress ◽  
2019 ◽  
pp. 152-182
Author(s):  
Benjamin Ginsberg ◽  
Kathryn Wagner Hill
Keyword(s):  
New Order ◽  
Legislative Process ◽  
Congressional Committees ◽  
Do It Yourself

This chapter examines the legislative process, paying particular attention to the role of congressional leaders and the changing impact of party and partisanship. It argues that a “new order” has evolved in Congress. The new order reduces the power of the congressional committees and undermines deliberation, but it can still produce legislation, especially when Congress and the president are of the same party. The new order consists of three key elements, which are discussed in this chapter: “follow-the-leader” lawmaking, “do-it-yourself” (DIY) legislating, and “catching-the-omnibus” budgeting. The chapter also looks in detail at one very important part of the legislative process—the budget and appropriations process through which Congress exercises its constitutional “power of the purse.”

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals The role of the Italian Constitutional Court in the policy agenda: persistence and change between the First and Second Republic

2018 ◽  
Vol 48 (3) ◽  
pp. 289-305 ◽  
Author(s):  
Elisa Rebessi ◽  
Francesco Zucchini
Keyword(s):  
Access Point ◽  
Original Data ◽  
Legislative Process ◽  
Constitutional Court ◽  
Policy Agenda ◽  
Second Republic ◽  
Present Contribution ◽  
Data Set ◽  
Research Questions

AbstractIf we examine the current literature, no study on policy agenda has so far addressed the agenda of a Constitutional Court in a country that has recently experienced crucial changes in its political system. The present contribution on the Italian Constitutional Court seeks to bridge this gap. We aim at assessing the role the Italian Court plays in the policy process in both the First and the Second Republic by answering two research questions: (1) in its decisions does the Court accommodate themes that are neglected in the parliamentary legislative process? (2) Does the Court (and if so, how often) represent interests and values in opposition to the interests and values supporting the current legislative majorities? By employing an original data set that puts together all decisions of constitutional illegitimacy under incidental review between the years 1983 and 2013, we found that in both Republics Court’s agenda is significantly more concentrated than Parliament’s agenda, and it does not broadly offer an alternative access point to the policy-making for new or neglected issues. However, at the same time, the alternational system of the Second Republic seems to trigger more immediate and ‘salient’ reactions from the Constitutional Court, which in that period becomes more prone to sanction recent legislation.

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

Do More Professionalized Legislatures Discriminate Less? The Role of Staffers in Constituency Service

2020 ◽  
Vol 48 (5) ◽  
pp. 571-578
Author(s):  
Michelangelo Landgrave ◽  
Nicholas Weller
Keyword(s):  
Organizational Structure ◽  
State Legislatures ◽  
Racial Minorities ◽  
Research Note ◽  
Legislative Process ◽  
Multiple Measures ◽  
Constituency Service

Research suggests that organizational structure can influence the ability of actors to discriminate. In this research note, we examine whether the structure of state legislatures affects observed discrimination in correspondent audit studies. We find that increased legislative professionalization is associated with reduced discrimination against racial minorities. By analyzing thousands of emails collected in a prior study, we find that legislative professionalization is related to a higher likelihood that staffers respond to email contacts and staffers are less likely to discriminate against racial minorities across multiple measures of discrimination. Our findings emphasize the importance of substantively relevant heterogeneity in audit studies and identify a potential mitigator of discrimination—legislative professionalism. Our results also highlight the importance of staffers in representation and the legislative process.

Sweeping it under the carpet: the role of legislators in corrupt practice in Nigeria

2015 ◽  
Vol 22 (3) ◽  
pp. 354-377 ◽  
Author(s):  
Olatunde Julius Otusanya ◽  
Sarah Lauwo ◽  
Oluwaseun Joseph Ige ◽  
Olunlade Samuel Adelaja
Keyword(s):  
Dark Side ◽  
Major Influence ◽  
Legislative Process ◽  
Content Type ◽  
The Public ◽  
Institutional Structures ◽  
Democratic System ◽  
Financial Practices ◽  
Transparency And Accountability

Purpose – This study aims to contribute to the emerging discourse on elite financial crime, with particular attention devoted to the role played by the legislature in corrupt practices in Nigeria. Separations of power, watchdog role of legislature and ideologies have become a major influence in democratic system. Legislative power has developed as a means of providing oversight functions over the executives, thereby inhibiting fraudulent practices in governments. Design/methodology/approach – The paper argues that the political institutional structures embedded with monopoly, discretion and little or no accountability facilitate financial corrupt practices within the legislature. The paper uses publicly available evidence to show that the legislators in developing countries are actively engaged in corrupt practices. Findings – The evidence provided in this paper shows that separation of power and representative democracy had not brought about transparency and accountability in government activities in Nigeria. Legislature often trade-off their constitutional power and their claim of service to the public interest by engaging in financial criminal practices. Research limitations/implications – This paper does not set out to provide a comprehensive analysis of political corruption. Instead, it considers the “dark” side of legislative practice by examining the involvement of legislature in facilitating corrupt financial practices in Nigeria. Practical implications – The inability of the regulators to effectively sanction legislators implicated in corrupt practices suggests that the current institutional and regulatory apparatus are not fully equipped in dealing with the financial criminal activities of legislators. Social implications – Despite the arrest and prosecution of some legislators, a number of cases are swept under the carpet. Therefore, this paper suggests that Nigeria need to reform its political system and institutions to promote transparency and accountability in government and to build trust in the legislative process. Originality/value – This paper considers the “dark” side of legislative practice by examining the involvement of legislature in facilitating corrupt financial practices in Nigeria.

Sign in / Sign up

Export Citation Format

Share Document