scholarly journals EFFICIENT PUBLIC PARTICIPATION IN THE LOCAL LAW-MAKING PROCESS

Yuridika ◽  
2018 ◽  
Vol 33 (3) ◽  
pp. 389
Author(s):  
Ekawestri Prajwalita Widiati
Keyword(s):  
Public Participation ◽  
Citizen Participation ◽  
Legislative Process ◽  
The Public ◽  
Legal Provisions ◽  
Discovery Education ◽  
Education Measurement ◽  
Local Law ◽  
Law Making ◽  
The Ideal

Getting the public to participate in the government’s policy reflects a sense of control in democracy. However, constructing a mechanism of participation in legal provisions could be dilemma. It is important to realize that involving citizen in local government decision making particularly in law-making process has a fundamental difficulties; the essence of participation itself (openness and transparency) and the need to be efficient. This essay formulated an effective mechanism of public participation by juxtaposing steps in the local legislative process with the criteria of efficiency. This discussion is trying to encompass citizen participation from the initiation of a policy until it is enacted as a local legislation. Then in the next step, it will assess the elements that constitute an efficient drafting process. This article will consider such factors that are; financial cost; human resources or effort; wasted time; risk of failure; progress. The hypothesis is that not all of the means of public participation are efficient. The ideal notion of public participation put weighs on Local Authorities. What is needed to be underlined in this discussion is, to maximize the advantage of citizen involvement, it is important to look at the sequence where it should be held and what is the content. Moreover, the process of public participation should reflects principles namely: discovery, education, measurement, persuasion and legitimization.

scholarly journals Criticisms toward the job creation bill and ethical reconstruction of legislators based on prophetic values

2021 ◽  
Vol 29 (1) ◽  
pp. 144-160
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Participation ◽  
Social Ethics ◽  
Job Creation ◽  
Legislative Process ◽  
Top Down ◽  
Philosophical Approach ◽  
The Public ◽  
New Form ◽  
Law Making ◽  
Research Show

Post the issuance of Law Number 11 of 2020 concerning Job Creation, the public paid more attention by continuing to protest and criticize. This response occurred due to various legislative deviations noticed during the legislative process of the Job Creation Bill by not adhering to the principles and procedures for the formation of laws and regulations. The main cause for this deviation is due to the ethics of the legislators who are not thoroughly compliant and obedient toward the statutory regulations and social ethics. Legislators’ understanding of law and life tends to be influenced by materialistic-positivistic views that bring forth consumptive, hedonistic, and secular demeanors and behaviors. On this basis, this paper tries to criticize and reconstruct the legislators’ ethics in law-making. This study is using a normative juridical method and is supported by a philosophical approach. The outcomes of this research show that the process in the making of the Job Creation Bill tends to override the principle of transparency and public participation with a closed and hasty pattern so that it is a complete ulterior hasty agenda that prioritizes the concept of regulating and monitoring only (top-down). A work ethic based on prophetic values that are supported by the ground principles of a prophetic paradigm that includes humanization, liberation, and transcendence into a new form of construction to be able to create a better and just legislative process.

scholarly journals Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development

2017 ◽  
Vol 11 (3) ◽  
pp. 105
Author(s):  
T Murombo
Keyword(s):  
Sustainable Development ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impacts ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Development Planning ◽  
The Public ◽  
Legal Provisions

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

11. The key functions of Parliament

2019 ◽  
pp. 229-254
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Legislative Process ◽  
Government Action ◽  
The Public ◽  
Public Record ◽  
The Government ◽  
And Control ◽  
Law Making

This chapter identifies Parliament's primary functions of making law and scrutinising government action. Parliament's scrutiny of government has been defined as ‘the process of examining expenditure, administration, and policy in detail, on the public record, requiring the government of the day to explain itself to parliamentarians as representatives of the citizen and the taxpayer, and to justify its actions’. In the absence of a codified constitution and entrenched limits on executive power, the requirement for the government to answer to Parliament for its actions acts as a check and control. The chapter also considers the legislative process, particularly legislative scrutiny. Secondary legislation made by the government can often be subject to much less scrutiny and debate than primary legislation, and sometimes none at all. These scrutiny gaps increase the risk of arbitrary law-making and ‘governing from the shadows’, again raising rule of law concerns.

Law-Making by and for the People: A Case for Pre-legislative Processes in India

2019 ◽  
Vol 41 (2) ◽  
pp. 189-206
Author(s):  
Dipika Jain
Keyword(s):  
Citizen Participation ◽  
Fundamental Rights ◽  
Legislative Process ◽  
Court Case ◽  
Marginalized Communities ◽  
Deliberation Process ◽  
Societal Needs ◽  
The People ◽  
Transgender Persons ◽  
Law Making

Abstract Recent legislative trends in India reflect the need for a mandatory pre-legislative process. Pre-legislative consultation affords the benefit of legitimacy to laws arrived at through citizen participation. Furthermore, it informs decision-makers of the lived experiences of those most likely impacted by the legislation. Laws that receive pre-legislative consultation are attuned to realities, which increases the likelihood of their effectiveness. This article explores how several of India’s recent laws that received pre-legislative consultation have been rendered more robust and effective than others. As exemplified by current protests by transgender, intersex and gender non-conforming people in India, the Government’s most recent Transgender Bill, which neglected pre-legislative deliberation process, fails the people it purports to protect. As explored in this article, the Bill fails to uphold constitutionally protected principles, as recognized in the recent Supreme Court case that upheld transgender persons’ fundamental rights. As such, the Transgender Bill reflects a need to engage with the intrinsic and instrumental value of pre-legislative consultation and deliberation in India. In locating transnational trends towards employing such a process, this article argues that India would greatly benefit from mandatory pre-legislative consultation and deliberation. By creating a process that allows for citizen participation in law-making, particularly when such laws impact marginalized communities, legislation would reflect societal needs and eschew a top-down, majoritarian approach.

"They Ain't Making Elites Like They Used To": The Never Ending Trouble with Democratic Elitism

2009 ◽  
Vol 8 (3) ◽  
pp. 345-363 ◽  
Author(s):  
Jens Borchert
Keyword(s):  
Public Participation ◽  
Democratic Theory ◽  
The State ◽  
The Public ◽  
The Ideal

AbstractThis article identifies three central tenets of democratic elitism as developed by various authors. It then traces the fate of these ideas within democratic theory. Surprisingly, I find almost universal, if unacknowledged, acceptance of democratic elitism's principles in contemporary theories of democracy. In the public, however, there is still a strong yearning for a democracy that is closer to the ideal and more open to public participation. This is reflected in public criticisms of "detached" professional politicians. I argue that a conceptual solution to the tension between the state of democratic theory and the public's expectations may ironically be provided by one strand within the theory of democratic elitism, namely Robert Dahl's theory of polyarchy.

scholarly journals Public participation in planning in the Egyptian context

2017 ◽  
Vol 8 (2) ◽  
pp. 31-36
Author(s):  
Somaya Aboelnaga
Keyword(s):  
Public Participation ◽  
Urban Communities ◽  
Citizen Participation ◽  
Planning Process ◽  
Local Level ◽  
The Public ◽  
Societal Needs ◽  
Urban Issues ◽  
Upper Level ◽  
Different Levels

Public participation is a critical aspect in the planning, also spatial planning. Its role is changing dramatically as it is present not only in social development but also tackles issues connected with cultural, educational. The most important element in participation is the will to do it – to engage in the process of planning the of life, of new urban communities, and how it is taking place in the planning process at different levels/ scales. There is a need to strengthen the public participation in the Egyptian context. Consequently, there are many cases in public participation related to the different levels (metropolitan, city, action area), connected to urban issues, besides, the sectoral issues related to economic development and societal needs. Thus, there is still a gap between existing national policies and their implementation at local level. The important question is how to achieve the local needs with strategies prepared on upper-level agencies. The main problem, in addition to the environmental issues is the regional disparities, poverty illustrated by low human development index. The research aim is to determine general framework and rules of citizen participation in Egypt by illustrating many cases from Egyptian context, and to examine the process and assess their effectiveness and the paper will end with the policy changes.

scholarly journals “Não se fazem mais elites como antigamente”: o incessante problema do elitismo democrático

2018 ◽  
Vol 1 (38) ◽  
Author(s):  
Jens Borchert
Keyword(s):  
Public Participation ◽  
Democratic Theory ◽  
The State ◽  
The Public ◽  
The Ideal

“NÃO SE FAZEM MAIS ELITES COMO ANTIGAMENTE”: O INCESSANTE PROBLEMA DO ELITISMO DEMOCRÁTICO  “THEY AIN’T MAKING ELITES LIKE THEY USED TO”: THE NEVER ENDING TROUBLE WITH DEMOCRATIC ELITISM  RESUMO: Este artigo identifica três princípios centrais do elitismo democrático, da forma como foram desenvolvidos por vários autores. Em seguida, segue a sorte dessas ideias dentro da teoria democrática. Surpreendentemente, eu encontro a aceitação quase universal, embora não reconhecida, dos princípios do elitismo democrático nas teorias contemporâneas da democracia. Entre o público, no entanto, ainda existe um forte anseio por uma democracia mais próxima do ideal e mais aberta à participação pública. Isso se reflete nas críticas públicas a políticos profissionais “distanciados”. Eu argumento que uma solução conceitual para a tensão entre o estado da teoria democrática e as expectativas do público pode, ironicamente, ser fornecida por uma corrente dentro da teoria do elitismo democrático, a saber, a teoria da poliarquia de Robert Dahl. PALAVRAS-CHAVE: teorias da democracia, profissionalismo político, autonomia da elite, participação, competição. ABSTRACT: This article identifies three central tenets of democratic elitism as developed by various authors. It then traces the fate of these ideas within democratic theory. Surprisingly, I find almost universal, if unacknowledged, acceptance of democratic elitism’s principles in contemporary theories of democracy. In the public, however, there is still a strong yearning for a democracy that is closer to the ideal and more open to public participation. This is reflected in public criticisms of “detached” professional politicians. I argue that a conceptual solution to the tension between the state of democratic theory and the public’s expectations may ironically be provided by one strand within the theory of democratic elitism, namely Robert Dahl’s theory of polyarchy. 

11. The key functions of Parliament

2021 ◽  
pp. 243-270
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Legislative Process ◽  
Government Action ◽  
The Public ◽  
Public Record ◽  
The Government ◽  
And Control ◽  
Law Making

This chapter identifies Parliament’s primary functions of making law and scrutinising government action. Parliament’s scrutiny of government has been defined as ‘the process of examining expenditure, administration, and policy in detail, on the public record, requiring the government of the day to explain itself to parliamentarians as representatives of the citizen and the taxpayer, and to justify its actions’. In the absence of a codified constitution and entrenched limits on executive power, the requirement for the government to answer to Parliament for its actions acts as a check and control. The chapter also considers the legislative process, particularly legislative scrutiny. Secondary legislation made by the government can often be subject to much less scrutiny and debate than primary legislation, and sometimes none at all. These scrutiny gaps increase the risk of arbitrary law-making and ‘governing from the shadows’, again raising rule of law concerns.

scholarly journals The Question of Public Participation in the Procedure for Authentic Interpretation of Laws

2021 ◽  
Vol 44 (1) ◽  
pp. 127-154
Author(s):  
Gordan Struić
Keyword(s):  
Public Participation ◽  
Citizen Participation ◽  
Legal Provisions ◽  
Democratic Control ◽  
Rules Of Procedure ◽  
Working Groups ◽  
Legislative Procedure ◽  
The Republic ◽  
Working Bodies

Authentic interpretation of laws is an interpretation of legal provisions that, due to their lack of clarity or misinterpretation in their application, is provided by the parliament. Unlike the legislative procedure, which is conducted, as a rule, in two (exceptionally three) readings, a proposal for giving an authentic interpretation is discussed in one reading. Starting from the understandings of some authors that the act of authentic interpretation of laws is contrary to the principle of democratic pluralism, and that it lacks the necessary level of democratic control and citizen participation, the author examines whether the Croatian parliamentary law enables public participation in the procedure for authentic interpretation of laws and, if so, what legal instruments can be used to implement it in parliamentary practice. To this end, the paper analyzes several relevant constitutional, legal, and procedural provisions of the Croatian parliamentary law, with reference to a parliamentary practice. Given the fact that the procedure for authentic interpretation in the Republic of Croatia, the Republic of Northern Macedonia, the Republic of Slovenia and the Republic of Serbia is regulated in a similar way by the rules of procedure of their respective parliaments, the relevant regulations of the latter three countries on the possibility of public participation in this procedure are analyzed as well. It was concluded that Croatian parliamentary law enables public participation in the procedure for authentic interpretation, through the instruments of petition, information and involvement in working groups and working bodies, and the same instruments, with certain specifics, are recognized in the parliamentary law of the latter three countries.

Sign in / Sign up

Export Citation Format

Share Document