1 / 9

The organization and the operation of the Parliament

The organization and the operation of the Parliament. Uni- or bicameral legislature Institutional existence Legislation. Uni- or bicameral legislature . Federal states: USA, Germany

deborah
Download Presentation

The organization and the operation of the Parliament

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The organization and the operation of the Parliament Uni- or bicameral legislature Institutional existence Legislation

  2. Uni- or bicameral legislature Federal states: USA, Germany Simple states: Netherlands > the independence of the Parliament from the executive power, divison of the parlamentary authority - Senate (single district system, 6 years): the Government doesn’t depend on it and it can’t be disolve; interpellation, boards of inquiry; the legislature’s control of constitutionality (proposal to the Constitutional Court, instead of law adopted by two-thirds majority the senate assents-French system) - House of Commons (party list, 3 years)

  3. Institutional existence • Continuity >Dutch Constitution (1983): continous term Hungarian Constitution: two regular session (1 Febr.- 15 June and 15 Sept.-15 Dec.) + extraordinary sittingrequests by the President of the Republic,the Government or one-fifth of the MembersofParliament, but agenda: matter of the plenary The sessions follow one other - not ahead of the reasonable term (DECISION 4/1999 AB) • Mandate: the restriction of the power, democratic legitimation > shortening (Madison 53., Federalist after one year: tyranny) • Dissolving: self-dissolving(GB+H, but NOT by national referendum) the President of the Republic in Germany (1982) didn’t put up new PM candidate • Collective characters: • committees: standing, ad hoc, investigating • fractions: DECISION 27/1998 AB > over 5 %, but under faction-minimum

  4. Legislation - Primary and exclusive task > can’t delegate-except: German Enabling Act, socialist law-decrees - The main restriction of the mandate: rights (US Constitution, Bill of Rights;GG: substantial content), libertarial uptake: in minimal grounds; welfare state: comprehensive regulation - The necessity of the regulation: legislature’s discretion > no judicial revision, but omission (Constitutional Court)! • Content definition: administrative bureaucracy, because the Goverment’s right for law-initiative is determinant • Exlusive legislation matter: acts on basic rights (Constitution Article 8. (2)); acts on organization (Constitutional Court, Local Governments, Judiciary, Office of the Public Prosecutor, Ombudsman, State Audit Office); acts called independently (budget, symbols) • In respect of passing of a resolution: Constitution, law adopted by two-thirds majority, law adopted by simple majority (Office of the Public Prosecutor)

  5. Legislative process The beginning (initiation of act) and the end (promulgation) in the Constitution The middle: act on legislation + House Rules > whether their violation can cause unconstitutionality? (DECISION 7/1992 AB the lack of the preparing time is not enuogh; DECISION 62/2003 AB the violation of the standing orders’ provisions of the rehearing is of constitutional importance) Outside the Parliament: - national referendum, popular initiative > special act - professional, political factors > act on legislation, social debate, Inside the Parliament: the House Rules

  6. Initiation of an act • the President of the Republic: irresponsibility, lack of apparatus; put down in the agenda! • the MembersofParliament: forward restricted, designated committee, but the fraction’ s support is six times a parlamentary session > the Parliament decides • the Goverment: determinant • the Committees: initiation of an act, report Extraordinary process > „special legislation” (delegated): four-fifth majority of the Parliament (not Members of Parliament) Designated committee can amend within 21 days, debate within 30 days > Parliament: one division

  7. The procedure of the bill Handing in to the Speaker of the Parliament > reporting, designated committee Significant bills: - more readings > budget, appropriation accounts - principles + text of the bills Generally one ground (about the bill), but comprehensive debate and second reading of a bill Comprehensive debate: necessity, sutitable to putting at second reading First table motion (the Government: statement) > if not: the first speaker, the recommandation of the designated committee (+ minority opinion); the recommandation of the interested committees Groups of MPs, independent people The rejoinder of the tabling person proposed amendments: the designated committee until the conclusion of the comprehensive debate, if it isn’t > no second reading > decision

  8. Put at second reading or within 30 days further proposed amendments – only: connect to the designated committee The tabling person > until the closing division: withdrawel (after the conclusion of the second reading with the consent of Parliament) or ask it back for rewriting The conclusion of the second reading: -division about the proposed amendments (the Goverment OK: together, the leader of the fraktion: max. 3, separate) -closing decision (min. 5 days): before its beginning coherence confusion (Committee on Constitution) Signiture: within 15 (5) days:signiture political veto constitutional veto

  9. Thank you for your attention!

More Related