PARLIAMENT AND DEMOCRACY - Inter-Parliamentary Union
PARLIAMENT AND DEMOCRACY - Inter-Parliamentary Union
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