Dimension: 6.1.1 Legal framework for public participation
A sound legal framework is vital for enabling and encouraging public participation in the work of parliament. The constitution and laws, as well as parliament’s own rules of procedure, should provide an enabling environment for civil society, academics, experts and the public in general to engage systematically in online and on-site parliamentary work. This framework is designed to encourage rather than hinder public participation.
This concept implies that parliament has a responsibility for shaping the enabling civic space necessary for effective public participation in all areas of public life, not only in parliamentary work. To this end, the instances and mechanisms through which citizens could contribute should be clearly established, and those responsible for managing participation processes should be identified.
The legal framework should also include appropriate protections for the personal information citizens may provide when engaging with parliament. Citizens need to have a clear idea of how their personal information will be used or re-used. The privacy-related rules and procedures should also prohibit the tracking of personal information without the individual’s clear consent. At the same time, any requirement for citizens to provide information, such as completing a registration form, should not be an impediment to them engaging with parliament.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Legal framework enabling civic space
A legal framework is in place, including laws, decrees or regulations, that enables and guarantees the civic space necessary for the functioning of civil society and for effective participation in all areas, including but not limited to parliamentary work. This framework includes laws and regulations relating to freedom of speech and expression, freedom of assembly and association, freedom of information, and ease of registration and funding of civil society organizations.
No 2: Legal framework for public participation in the work of parliament
Provisions in the constitution, laws or rules of procedure establish the right of people to participate in parliamentary business, such as by bringing issues to the attention of parliament, contributing evidence to legislative and oversight processes, and commenting on proposals for laws. The related rules and procedures cover all aspects of public participation, both online and on-site.
No 3: Protection of privacy
The legal framework for public participation in the work of parliament contains provisions that protect the privacy of members of the public, and includes clear rules and procedures to ensure that the right to privacy is implemented in practice.
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:
- Specific articles of the constitution, legislation or rules of procedure that shape civic space and regulate public participation
- National, regional or international reports that rate the level of civic-space openness
- Other rules and procedures relating to public participation
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- David Beetham, Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. and democracy in the twenty-first century: A guide to good practice (2006).
- Commonwealth Parliamentary Association (CPA), Recommended Benchmarks for Democratic Legislators, revised edition (2018).
- National Democratic Institute (NDI), Toward the Development of International Standards for Democratic Legislatures (2007).
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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