No 2: Mechanisms and practices

Parliament has established mechanisms and practices in place for communication, coordination, cooperation and information-sharing with subnational levels of government.

No 1: Constitution and legal framework

The constitution and/or other aspects of the legal framework clearly delineate the respective roles, responsibilities and authorities of parliament and subnational levels of government. 

Based on a global comparative analysis, an aspiring goal for parliaments in the area of “relations with subnational levels of government” is as follows:

  • The constitution and/or other aspects of the legal framework clearly delineate the respective roles, responsibilities and authorities of parliament and subnational levels of government.
  • Parliament has established mechanisms and practices in place for communication, coordination, cooperation and information-sharing, and for maintaining awareness of subnational affairs. 
No 3: Resources

Parliament allocates adequate budgetary resources for the judicial system to operate effectively without any constraints.

No 2: Legal framework

The legal framework, as established by parliament, sets clearly defined criteria for judicial appointments and establishes appropriate security of tenure and guarantees of independence for judges. In countries where parliament confirms and/or impeaches senior judges, it does so in accordance with this legal framework, using clear and transparent procedures, and by way of a majority or supermajority vote. Rules on the suspension or removal of judges are unambiguous and fair, and judges may only be suspended or removed for reasons of incapacity or misconduct that renders them unfit to carry out their duties.

No 1: Constitution

The constitution clearly establishes a separation of powers between the legislative and judicial branches. The relationship between parliament and the judiciary is based on mutual respect and restraint. 

Based on a global comparative analysis, an aspiring goal for parliaments in the area of “relations with the judiciary” is as follows:

  • The constitution establishes a separation of powers between the legislative and judicial branches. All relations and interactions between the judiciary and parliament take place in strict compliance with the constitution and law, and in a spirit of mutual respect for their independence.
  • Parliament has established a legal framework that sets clearly defined criteria for judicial appointments, unambiguous and fair rules on the suspension or removal of judges, and appropriate security of tenure and guarantees of independence for judges. Judges may only be suspended or removed for reasons of incapacity or misconduct that renders them unfit to carry out their duties.
  • Parliament allocates adequate budgetary resources for the judicial system to operate effectively without any constraints.
No 5: Practice

In practice, there is a well-functioning working relationship between the executive and parliament, which is based on a mutual understanding of, and respect for, their respective roles. Information is shared effectively between the executive and legislative branches.

No 4: Coordination

Both parliament and the executive have dedicated offices or staff to manage and coordinate issues including parliamentary agenda-setting, prime minister’s questions, the participation of ministers in parliamentary meetings, the summoning of executive officials to parliament, answers to MPs’ questions, and similar matters.

No 3: Information-sharing

There are established mechanisms for periodic information-sharing, as well as for access to, and oversight of, executive expenditure, programmes, services and performance. Any offices or commissions established for this purpose are non-partisan in nature and enable fluid communication and access to information between the branches.

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