Dimension: 1.3.9 Dissolution
This dimension concerns the process by which parliament may be dissolved in order to allow for new elections to take place. The legal framework should stipulate all powers and arrangements for the dissolution of parliament. The power to dissolve parliament is highly dependent on the structure of government and the powers vested in both the executive and parliament.
Dissolution normally occurs automatically at the scheduled end of a parliamentary session or term, but may also happen earlier. There are many different ways in which parliament can be dissolved. For instance, it can occur when there is a loss of confidence by a majority in the parliamentary leadership. In some systems, the executive, the prime minister or the head of parliament may have the ultimate power to force dissolution at will. Other systems have fixed parliamentary terms, which can only be altered in exceptional circumstances.
Regardless of how dissolution occurs, the legal framework should provide clarity as to how the process takes place. There should also be clear guidance or practice relating to the roles of those involved in this process, as well as clear rules defining the length of the parliamentary term, what happens when that term ends, timelines for MPs leaving or taking up office, allowable resources for outgoing/incoming officials, and rules on record storage or official record-keeping requirements. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. ’s rules of procedure and/or relevant committee regulations may also stipulate rules on vacating or moving onto the parliamentary premises.
The rules and procedures for dissolution should reflect an awareness of the importance of institutional memory, including processes for collecting evidence, information and handover records for MPs leaving office. Provision should be made for the preservation and public accessibility of any official records developed by an outgoing MP while in office, in line with general record-keeping, archiving and ethics requirements as outlined in the country’s legal framework.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Constitutional provisions
The constitution defines the end of the parliamentary term, as well as the authority and procedure for dissolution of parliament before the end of the term. These provisions and any associated rules clearly specify the roles of those involved in this process.
No 2: Dissolution procedures
The impact of dissolution on the work of parliament is detailed in parliament’s rules of procedure and practice, including the procedures for ending the parliamentary session and for the end of the term of outgoing MPs.
No 3: Archiving and ethics requirements
Parliament’s rules of procedure set out the record-keeping, archiving and ethics requirements that outgoing MPs must comply with when parliament is dissolved.
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:
- Constitutional provisions stipulating powers to dissolve parliament
- Relevant rules of procedure or other regulations
- Rules and procedures requiring MPs to comply with record-keeping, archiving and ethics requirements upon the dissolution of parliament
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- Elliot Bulmer, Dissolution of Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. : International IDEA Constitution-Building Primer 16, second edition (2017).
Get help with this assessment
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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