No 1: Procedure for the promulgation of laws

The constitution establishes a clear procedure for the promulgation of laws that have been approved by parliament. 

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

  • The constitution establishes clear procedures for the promulgation of a law after the proposal for a law has been approved by parliament.
  • If the Head of State has the authority to refuse or withhold assent, parliament is constitutionally authorized to override the veto.
No 5: Drafting resources

Specialist legislative drafting resources are available to all MPs and political groups, including to opposition, minority-party and independent MPs. 

No 4: Amendment of existing legislation

Proposals for laws that amend existing legislation follow the structure and terminology of the existing legislation. Amendments are made in a logical order in the form of text inserted into the amended legislation. 

No 3: Clear and plain language

Legislation is drafted in clear and plain language. Ambiguity, vagueness, contradictions and over-generality within the text and regarding other laws are avoided. Gender-neutral language is used wherever possible. 

No 2: Analysis of legislative proposals

An analysis of the proposal for a law is documented, for instance in the form of explanatory notes accompanying the proposal, including the proposal’s practical implications, the scope and content of existing legislation on the same subject, and its respect for fundamental rights and public liberties. 

No 1: Guidance

Guidance for clear and effective legislative drafting is set out in a manual or similar document. 

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

  • Guidance for clear and effective legislative drafting is set out in a manual or similar document, and is followed in the drafting of all proposals for laws tabled in parliament.
  • Before drafting a proposal for a law, legislative drafters analyse the proposal, including its practical implications, the scope and content of existing legislation on the same subject, and its respect for fundamental rights and public liberties. The analysis may also consider the necessity of a proposal for a law, its potential adverse implications, its effectiveness, and the balance of cost and benefits.
    This analysis is documented in the form of explanatory notes accompanying the proposal for a law and in a regulatory impact assessment.
  • There is a standard structure for proposals for laws, which ensures a high level of consistency with the existing legal framework. The content of proposals for laws is homogeneous and arranged in a logical order, so that later provisions can build upon earlier ones.
  • Proposals for laws are drafted in clear, precise and plain language, with no unnecessary jargon or expressions, in order to ensure legal certainty and equality before the law.  Legislative drafts use gender-neutral language wherever possible.
  • Legislation is amended in a logical order and a coherent manner. Amendments are made in the form of text inserted into the amended legislation. Amending acts follow the structure and terminology of the existing legislation.
  • Specialist legislative drafting resources are available to all MPs and political groups, including to opposition, minority-party and independent MPs. 

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

  • The legal framework contains clear provisions on the passage of legislation through all stages in parliament.
  • Parliament has sufficient time and opportunity to properly consider and debate proposals for laws.
  • As part of the ordinary legislative process, all proposals for laws are referred to one or more relevant committees for detailed consideration and amendment. This process also includes expert and public consultations.
  • Where there is a fast-tracking procedure for the urgent consideration of legislation, such procedure includes a requirement to justify the need for urgent consideration, as well as opportunities for MPs to debate, amend and vote on the urgent legislation, and for reasonable scrutiny of such legislation.
  • Delegated legislation is made in accordance with the powers defined by the legal framework, which establishes that parliament has the opportunity to scrutinize, debate, and approve or reject such legislation.
     
No 6: Scrutiny of delegated legislation

The constitution, other aspects of the legal framework and/or parliament’s rules of procedure establish that parliament has the opportunity to scrutinize, debate, and approve or reject delegated legislation. 

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