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PARLIAMENT AND DEMOCRACY - Inter-Parliamentary Union

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consideration of a bill more effectively so that more time is made<br />

available to consider those parts of a bill which are of interest to<br />

the Opposition and backbenchers, while less time may be devoted<br />

to those parts of the bill which are more straightforward and less<br />

controversial.<br />

The committee listed four basic criteria which a reformed legislative<br />

process should meet:<br />

■ The Government of the day must be assured of getting its legislation<br />

through in reasonable time<br />

■ The Opposition in particular and Members in general must have a<br />

full opportunity to discuss and seek to change provisions to which<br />

they attach importance<br />

■ All parts of a bill must be properly considered<br />

■ Bills must be properly prepared so as not to require a mass of new<br />

Government amendments.<br />

Law quality<br />

An effective parliament (I): The national level I 123<br />

This last criterion above raises the issue of the quality of bills, which is a<br />

concern of many parliaments facing a press of legislation, especially acute for<br />

those countries required to harmonise their laws with European Community<br />

requirements. In response to the problem of inadequate drafting, the Danish<br />

Parliament, for example, established a joint working commission with the<br />

Government on ‘law quality’. As a result the Government has issued a detailed<br />

set of guidelines on law quality to the civil servants at the individual ministries<br />

where bills are prepared, detailing a number of central requirements for the<br />

drafting of legislation. In addition, ‘a Bill must contain an account of its<br />

financial and administrative consequences for the public sector and the<br />

business community, its environmental consequences and its relation to<br />

Community law.’<br />

Ensuring the constitutionality of proposed legislation is another aspect of<br />

law quality. In the Finnish Parliament this is the responsibility of the Speaker,<br />

assisted by a Constitutional Law Committee.<br />

The task of the Constitutional Law Committee in supervising the constitutionality<br />

of laws is to examine if a bill is in harmony with the<br />

Constitution or if there is a discrepancy between them. In the latter<br />

case the Committee also indicates how the bill ought to be amended

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