Dimension: 1.6.1 Powers in law-making

This dimension concerns the powers of various participants in the legislative process to initiate, debate, amend and adopt legislation. These powers primarily concern MPs although, in some jurisdictions, other participants also have the right to initiate legislation, such as the executive and its agencies, or groups of citizens.

All MPs should have the right to initiate, and propose amendments to, legislation. Reasonable restrictions can be placed on the authority of individual MPs – or, in bicameral systems, a house – to initiate or amend proposals that involve, for example, the spending of public money or the imposition of taxes.

In some countries, these powers may be reserved for the lower house in a bicameral system, or for MPs from parliamentary majority groups or political parties that form the executive. There may also be limits on opportunities to debate proposals for laws or amendments. However, such restrictions should not impose unreasonable limits on MPs’ freedom to play a full role in the legislative process.

All legislation, including budgetary legislation, should be approved by parliament before enactment. In some legislatures, different adoption requirements may apply to different forms of legislation. In some cases, only a simple majority of MPs’ votes is required, while in others, an absolute majority of MPs’ votes (i.e. 50% + 1) is necessary.

In bicameral systems, the same text should have been approved by both houses. In some jurisdictions, there may also be special circumstances where full passage through both houses is not required, with the lower house being able to bypass or override passage through the upper house.