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.
Parliament has established mechanisms and practices in place for communication, coordination, cooperation and information-sharing with subnational levels of government.
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 allocates adequate budgetary resources for the judicial system to operate effectively without any constraints.
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.
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.
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.
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.
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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