2009 | 5(94) | 111-128
Article title

PROFESSIONALIZATION OF THE LEGISLATIVE WORK IN PARLIAMENT (Profesjonalizacja parlamentarnych prac ustawodawczych)

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The law-creating process carried out in a parliament of a democratic state has for a long time been the subject of study and discussion on how to improve it, not only in terms of the speed of the legislative process and legitimacy of laws passed during that process, but also the quality (in different meanings of this word) of these laws. The latter two elements are particularly important, as they provide a basis for remarks concerning the requirements for validity of laws. It is well known that, to meet these requirements, laws have to be adopted upon the procedure, and in accordance with the content, of hierarchically higher law, and also (and maybe above all) laws should fulfill the praxiological requirement which is compatibility to complex social realities, since it is only in such that the enacted norm will adequately perform all functions prescribed to it. Consequently, in the process of creation of laws by parliament, the legislator is required to satisfy particular conditions guaranteeing that the laws newly passed will reflect imperatives resulting from the constitution as to their conformity and systemic cohesion, and that they will effectively regulate different spheres of public life without posing any threat of conflict between the legislator and the addressees of a new law. The conditions in which laws satisfying validation requirements for their constitutionality and legal and socio-political effectiveness are created, may be defined using a catchy slogan 'professionalization of legislative work'. It means that the political process of passing laws under the existing norms of the constitution and parliamentary rules of procedure imposes several requirement on its actors. They have to: possess adequate knowledge in the field that is subject to regulation, select effective remedies to be used in a drafted law in order to solve existing problems, predict effects of that law coming into force which do not cause negative social, economic and political consequences, and assess honestly whether an act so passed could be effectively enforced. The authors enumerate Polish legal solutions aimed at professionalization of legislative work in parliament, and compare them with theoretical models of law-creating, including above all, the so-called concept of communicative approach to lawmaking, according to which legislative process is a particular kind of a communication (information) process involving many different subject exerting different influence on the final content of enacted law. There is a relatively new phenomenon of a gradual increase of the number of such subjects and the growth of information resources (knowledge). Professionalization of legislative work in parliament should guarantee rational participation of heterogeneous subjects on the stage of creation of a norm, in order to satisfy the postulate of deliberative lawmaking and to improve mechanisms of selection and real procession of information (where the role of parliamentary expert services is evident), and enabling parliament to enact optimal law.
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  • Jaroslaw Szymanek, Uniwersytet Warszawski, Wydzial Dziennikarstwa i Nauk Politycznych, ul. Krakowskie Przedmiescie 3, 00-047 Warszawa, Poland
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