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Publications: Legislature
- Discussions - Discussions - Discussions - Discussions - Discussions |
The Lebanese Center for Policy Studies (LCPS) Second Theme: The Legislative Functions of Arab Parliaments: Discussions Within the framework of the comments and debates that followed the presentation of the study, one remark was made by more than one researcher concerning the application of the comparative method in the study. The study has considered five different cases each representing in itself an independent investigation which reduced the sharpness of the comparison required. Moreover, the study should have made direct comparisons with democratic systems in general in three domains: elections, party laws and publication and press laws. On the other hand, one of the debaters pointed out that the researcher should have, for the sake of reliability, followed the same method in evaluating the parliamentary experiments of different Arab countries. Another participant criticized the study for neglecting the role of parliamentary committees in the legislative process because their role has shrunk greatly despite the fact that they constitute an integral part of most Arab legislatures. Still another participant saw that the study was not based on a solid frame of reference especially in the preamble that paved the way for the cases under study. To speak of the legislative functions of Arab parliaments in general does not make sense except by specifying the political system in force in the Arab states under study. The question is not that of legislative functions in general or the role of the executive and the legislative powers; rather, it is the question of the political system in force. The presidential system is one thing and the parliamentary system is another thing, and each requires a different methodology for its evaluation. Furthermore, one participant commented on the priority given to draft laws presented by government at the expense of law proposals presented by MPs, especially in the case of the Egypt. He said that it is not necessary that a law, because it is presented by government, be more complete or better. Other participants pointed out that this priority given to draft laws is an international and not only an Arab, trend. The draft laws presented by governments overstep law proposals presented by MPs because the executive power is better equipped than parliaments. In effect, the executive power can enlist the assistance of experts and senior civil servants. Therefore, Arab parliaments must develop their capacities, modernize their working methods and techniques, enlist the aid of experts and develop their knowledge base. One other participant pointed out that is not the problem who is the source and origin of legislations, the government or the elected MP, but the problem is with the extent to which government is representative of the people and whether it has received a majority of the votes of MPs honestly elected or not. Consequently, the relation between the legislative and executive powers occupied a broad part of the discussions. One participant pointed out that the relation of government to parliament and who has precedence entail looking at it from the perspective of popular representation and how democratic is the choice of the people’s representatives. On the other hand, one participant pointed out that there is a political dimension to the dominance of draft laws over law proposals. Often law proposals are presented by the opposition MPs and not by the pro-government MPs. In the same context, another participant pointed out that the study presents Arab parliaments as strong supporters of Arab governments and that the initiative of parliaments is still minimal despite the big talk of constitutions about the separation of powers. It seems that Arab legislative councils have surrendered many of their rights and functions to Arab governments. One participant praised the study for what it said about the dominance of the executive power over the legislative power. He said that the political imbalance in some Arab parliaments and the difficulties in electing representatives of a diversity of constituencies and view points have weakened parliamentary performance. Furthermore, the domestic and international political situations have negatively affected the legislative role of parliaments. Another participant said that if we wish to develop parliamentary work we must strive, along with political parties, to attract the educated and intellectuals to the ballot box in order to raise the standard of the concerns and demands of electors who determine the MP’s slogans and activities. In the final analysis, an MP is directly related to his electors whose concerns on the whole, are local and never national while those of the educated are national. However, intellectuals are not the segment of society that represents the greatest weight among electors. Others viewed legislative and oversight performance of Arab parliaments as an issue that is closely connected with the degree of realized democracy. Without democracy, we cannot possibly and genuinely activate the legislative and oversight functions. In contrast, other participants pointed out that democratic progress in some Arab countries has not been reflected enough in the legislative process. In addition, the discussions dealt with some concrete obstacles confronting legislatures. These obstacles essentially lie in Arab parliament’s rules of procedure despite the fact that Arab constitutions have given MPs their full legislative rights. They also have to do with the haste with which legislations are approved when they were supposed to be studied thoroughly in view of their extreme importance. Many laws are incomplete and consequently their constitutionality could be contested. As a result, the MPs lose part of their credibility as legislators in the eyes of the public. One participant inquired about the reasons for the existence of the two-chamber parliaments in some Arab countries and the criteria used in determining the term of the presidency, division of constituencies or the number of MPs in relation to the population. The participant pointed out to the absence of rational criteria governing these decisions. He explained that the two-chamber parliament in Morocco, for example, has contributed to the inhibition of legislative productivity. The discussions were concluded by some opinions and expectations for the future. There was an almost unanimous agreement on a number of common issues and general recommendations. Arab parliaments ought to be more effective especially in the contemporary world that is becoming more developed and complex and is making the legislative process difficult in technical, scientific financial and other matters. This requires parliament to be better informed and prepared. Furthermore, parliaments must be more representative. This entails having a just and fair electoral law and active national parties as well as the prevalence of a genuine democratic climate. Furthermore, the quality of legislations has hit rock bottom in most Arab parliaments. Laws are hastily passed without serious debate. Moreover, legislations can only mature in an atmosphere of broad discussions within parliaments, and on the level of public opinion and state institutions. In addition, the legislative process cannot fully develop if parliaments do not rehabilitate the political process by bridging the gap between the citizen and politics.
One other participant saw that the discussions about developing parliamentary work must focus on three objectives: contribute to the creation of a democratic culture, freedom and the mechanism for the transfer of power; respond to people's aspirations and address the challenges confronting them; support Arab coordination leading to Arab unity. The following points were added to the efforts to develop parliamentary work:
On the basis of the above recommendations, several steps were suggested to upgrade the Arab parliamentary to attain the desired level:
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