No 2: Legal framework

The legal framework defines the powers and duties of the executive and parliament, as well as mechanisms for a well-functioning relationship between them. The legal framework requires the executive to report periodically to parliament on its activities, and establishes a systematic approach to the review and scrutiny of such activities.

No 1: Constitution

The constitution establishes a separation of powers between the legislative and executive branches, and establishes a framework for the relationship between the executive and parliament. In countries where the Head of State is a part of the executive branch, there are constitutional and legal provisions regarding the election, mandate and roles of the Head of State, as well as the conditions and procedures for impeachment. 

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

  • The constitution establishes a separation of powers between the legislative and executive branches. It also establishes mechanisms for the relationship between the executive and parliament, including fluid communication and parliamentary access to information.
  • The executive is legally required to report on its activities, including through regular reporting on performance and services, periodic audits, inspector-general reports, ombudsperson reports and other relevant commission reports.
  • The legal framework and mechanisms in place enable parliament and the executive to perform their respective roles, and support the effective sharing of information between the executive and legislative branches.
No 4: Practice

In practice, the above provisions are implemented consistently and without discrimination. 

No 3: Opposition resources

The opposition, including its leader(s), has access to adequate resources and facilities to effectively perform its role. In systems where the opposition comprises several parties, resources are allocated in a manner proportional to their representation.

No 2: Opposition rights

The legal framework and/or parliament’s rules of procedure provide the opposition with specific rights in parliament, such as to scrutinize and question the government, to initiate legislation or motions for debate, to participate equally in debate and votes, to propose amendments to laws, and to be represented equitably on committees and in other parliamentary bodies.

No 1: Legal framework

The legal framework recognizes the special role of the opposition in parliament. 

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

  • The legal framework recognizes the special role of the opposition in parliament.
  • The legal framework and parliament’s rules of procedure provide the opposition with specific rights in parliament, such as the ability to scrutinize and question the government, to initiate legislation or motions for debate, to participate equally in debates and votes, to propose amendments to laws, and to be equitably represented on committees and in other parliamentary bodies.
  • The opposition, including its leader(s), has access to adequate resources and facilities to effectively perform its role. In systems where the opposition comprises several parties, resources are allocated in a manner proportional to their representation.
No 4: Resources

Parliament provides MPs with adequate resources to support engagement with their constituents. These resources are allocated in an equitable, non-partisan manner.

No 3: Parliamentary calendar

The organization of the parliamentary calendar facilitates the representative role of MPs. MPs have sufficient time available to interact with their electorate.

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