No 5: Use of ordinary versus fast-track procedures
In practice, most legislation is subject to ordinary procedure and parliament does not unduly rely on the use of fast-track procedure.
In practice, most legislation is subject to ordinary procedure and parliament does not unduly rely on the use of fast-track procedure.
Where there is a fast-track procedure for the urgent consideration of legislation, such procedure provides MPs with the opportunity to debate, amend and vote on the urgent legislation, and for reasonable scrutiny mechanisms, such as inserting obligatory post-legislative scrutiny after a period of time, or using sunset clauses.
As part of the ordinary procedure, all proposals for laws are referred to one or more relevant committees for detailed consideration and amendment. This committee stage also includes expert and public consultations.
The legal framework provides for the use of ordinary legislative procedure as a rule. This procedure includes, as a minimum, general debate on legislation with reasonable time allocated to MPs to prepare and participate in the debate, and opportunities to consider the details of legislation and to propose and vote on amendments.
The legal framework sets out clear provisions for the passage of legislation through parliament, including through both houses in bicameral systems. The procedures provide mechanisms for the resolution of differences between the houses in bicameral systems.
In practice, the constitution is not so difficult to amend that constitutional change is impossible to achieve, but not so easy to amend as to threaten its protection of the democratic system as well as minority and other rights.
The constitution and/or other aspects of the legal framework establish that parliament must approve a new constitution or a constitutional amendment, ideally by a supermajority.
Broad public consultations, with reasonably extensive time frames, are undertaken after the initiation of constitutional amendments.
The constitution and/or other aspects of the legal framework establish a range of mechanisms for initiating constitutional amendments, including initiation by MPs and citizen-initiated proposals.
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