Legislative scrutiny: overview of legislative scrutiny practices in the UK, India, Indonesia and France

Legislative scrutiny: overview of legislative scrutiny practices in the UK, India, Indonesia and France

This paper highlights the procedures and practices in reviewing legislation in selected parliaments, while recognising the differences deriving from the countries’ variety of historical backgrounds, political situations and the adopted constitutional and political systems. The paper provides an overview of legislative practices in the UK, India and Indonesia.

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Summary

The paper provides an overview of legislative practices in the UK, India and Indonesia. Considering the distinct institutional characteristics of each country, each chapter highlights:

  • The constitutional and legal basis for the parliament’s legislative powers;
  • The structures within parliament which play an important role in the review of legislation;
  • The legislative process, including the procedural steps and the role and responsibilities of the main stakeholders in the process.

his publication is informed through a range of sources. Firstly, there are the constitution of each country and the rules governing the structure and procedures of each parliament, known as the Rules of Procedure and (in Westminster-derived parliaments) the Standing Orders. Secondly, information was obtained from the websites of each parliament, some of which are highly developed and provide a great deal of information about parliamentary procedure, while others are more rudimentary but still provide some useful data. Thirdly, this publication relied on published scholarly material on the details of legislative procedure in the respective parliaments and parliamentary systems, wherever available. Finally, some of the information is directly based on the authors’ professional experience of working in the respective parliaments. This paper has been compiled by WFD for the purpose of informing discussions with key interlocutors in partner parliaments. The selected case studies might be of relevance to the partner parliaments when assessing its own legislative processes. WFD sees value in comparative overviews, as they bring the most relevant or best-fit options to the table, which can be considered for incorporation into the national parliament process. Comparative overviews provide the opportunity to identify lessons learned and improve parliamentary practice based upon the experience of various countries, without imposing any national model.