Parliamentary organs (as a constitution building mechanism) *

ပါလီမန္ (ဝါ) လႊတ္ေတာ္အဖြဲ႔အစည္းမ်ား


Not all countries that have initiated constitution building processes, be it constitutional reform or drafting an entirely new constitution, have chosen to install specific legal bodies for the sake of the procedure. The common approach, if formal bodies are not opted for, is to task the national legislature with the main charge of deliberating and revising/drafting the constitution. When a parliamentary organ is chosen to be the main force and driver behind the process the chief difference in its working procedure is that the voting rules, normally, change – requiring higher majorities. Instead of using specially appointed commissions or sub-commissions as is common procedure if a Constituent Assembly is involved in the procedure, constitutional drafting in a ‘parliamentary organ’ approach is most frequently made by the executive branch. The executive branch may, or may not, prepare the text in consultation with members of society. Sometimes the largest political party drafts the first draft of the constitutional text after which it is handed by the executive to the legislature for discussion before approval. On occasion, when this specific model for drafting is employed, the legislature itself prepares the first draft of the text and public hearing may subsequently be organized. By and large, democratic legitimacy is not secured to the same degree in this model of constitution building as when using a Constituent Assembly or a National Conference as specific bodies in the process.



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