Dimension: 1.6.3 Legislative procedure
This dimension concerns the processes for the passage of legislation, as reflected in the constitution and/or other aspects of the legal framework, and as normally expanded upon in parliament’s rules of procedure. These processes should be clear, transparent and understandable, and should allow for the proper consideration and debate of legislation as it progresses through all stages. In bicameral systems, there should be clear, well-understood and accepted procedures set by each house for its own consideration of legislation, as well as clear, accepted and manageable arrangements to allow for the resolution of any differences between the houses.
MPs should have sufficient time and opportunity to reflect on and debate proposals for laws before voting on them. Although practice differs from one parliament to the next, most have least two major stages for the consideration of proposals for laws (sometimes referred to as “readings”): one for debate on the general principles of the proposal for a law, and another when the detail of the proposal for a law is considered and amendments can be proposed and voted on.
For the purposes of this dimension, it is presumed that, at some point in the process, all proposals for laws will be referred to one or more relevant committees for detailed consideration. These committees should have the power either to recommend amendments or to amend the legislation directly. This committee stage allows for direct participation by the public in the legislative process, which should be provided for in parliament’s rules of procedure and be reflected in its practice, with sufficient time allowed for public consultation.
In some circumstances, parliament may need to pass legislation more quickly than the routine process allows, such as in response to a natural disaster, pandemic or act of terrorism, or to an adverse court judgment. Under this fast-track procedure – also known an “expedited” or “urgent” procedure – the legislation passes through all the usual stages, but with an expedited timetable. While the urgency may be justifiable, the procedure should still allow for proper parliamentary scrutiny to the extent possible.
This dimension also covers the consideration of delegated legislation, which parliament should have the opportunity to scrutinize, debate, and approve or reject.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Clear provisions for the passage of legislation
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.
No 2: Ordinary procedure
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.
No 3: Committee stage
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.
No 4: 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.
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.
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.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the constitution, other aspects of the legal framework and/or parliament’s rules of procedure concerning the passage of legislation through parliament, including through both houses in bicameral systems
- Statistics on the passage of legislation through parliament in practice, such as time spent considering legislation and the numbers of amendments proposed and voted on
- Any practice relating to the resolution of legislative differences between the houses in bicameral systems
- Practice of committees in the scrutiny of legislation, including statistics on public participation (such as the number of submissions or hearings) and the number of proposals for amendment
- Evidence of parliamentary scrutiny of impact assessments accompanying legislation
- Statistics on the use of fast-track procedures by parliament
- Practice relating to parliament’s consideration of delegated legislation
Where relevant, provide additional comments or examples that support the assessment.
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The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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