Legislative process of parliamentary system

Legislative procedure is a series of rules for parliament to consider bills. The ConstitutionNo. 1958, while retaining the main traditional practices, revised and improved the legislative procedures to a great extent. Article 39 of the Constitution clearly stipulates that only the government and members of parliament have the right to propose legislative motions. Government legislative motions are proposed by the Prime Minister after consultation with the State Council and discussion by the Prime Minister's Committee. The former is an advisory body of the government, which examines the legality of relevant laws and bills, while the latter mainly reflects the consistency of the government through the passage of bills. The bill submitted to parliament for deliberation is not a text submitted by a single government official, but generally reflects the attitude of the government. Once approved by the Prime Minister's Committee, bills can be submitted to either the National Assembly or the Senate for deliberation, except for fiscal legislation, because according to the Constitution, such laws must be submitted to the National Assembly for deliberation first.

Bills introduced by deputies or senators must be submitted to the house of representatives to which the drafters belong for consideration. The constitution clearly stipulates that bills introduced by members cannot threaten the balance of public finances, otherwise they will be declared invalid.

Once the bill is put on the agenda and made public, in any case, Congress or the Senate can start work. First of all, bills are examined by one of the six parliamentary committees, which can collect information and opinions, hold hearings and discuss bills item by item. At the end of this process, the parliamentary committee votes on the proposed revised draft. The work of parliamentary committees is very important, which enables relevant experts to put forward opinions or suggestions on corresponding issues.

After the Committee's work was completed, the government suggested that the bill be put on the priority agenda of public meetings. The debate in the public meeting is divided into two stages. The first stage is a general discussion, which comprehensively discusses the advantages and disadvantages of the legal bill. Representatives of relevant government departments and members expressed their opinions on the significance and value of the bill. In the second stage of the public meeting, the bills were examined in detail one by one, and any amendment, whether proposed by the Committee or discussed on the motion of the representative or senator, was put on the agenda. The Constitution and the regulations of the two houses have detailed provisions on the terms of bills and the way to discuss amendments. The discussion on specific issues ends with the adoption or rejection of the reply and the revision of the terms of the draft. The government has the right to veto an amendment in various ways on the grounds of threatening the national financial balance, or to ask the corresponding House of Representatives to vote on several amendments or clauses only once. The latter is called "freezing voting", which can avoid some particularly sensitive votes and conduct a comprehensive discussion from the technical and political perspectives of the bill.

Only in the National Assembly is the Government responsible for the passage of its bills (Article 49). At this time, Congress must pass a motion or propose that motion of no confidence dissolve the government. This procedure is often considered to be too strict, which makes the representatives of the Congress bear the responsibility of supporting or vetoing the government in difficult times and bear the risk of the dissolution of the Congress itself. In any case, the debate between the two houses of parliament ended by voting, either in the established way or by adopting 49 articles.

The constitution stipulates that the laws passed by the two houses must be consistent in content. The "shuttle" procedure requires that the bill cannot be passed before the two houses reach an agreement on all the provisions of the bill through debate. This happens easily when both houses have the same majority party. However, when the two houses are controlled by different majority parties, there is a danger that the bill will not be passed. In order to avoid the freezing of bills during the period of the Third Republic, especially those caused by the Senate, Article 45 of the Constitution gives a compromise procedure for the status of the National Assembly and the Senate, stipulating that the National Assembly has the final decision when necessary.

When the parliamentary procedure of "reading in two places" ends (in special circumstances, it can only be carried out by one house) and there is disagreement, the government can set up a seven-member Committee composed of two houses, which will draft the text agreed by the two houses. Usually, when both houses are controlled by the same majority party, it is easy to reach an agreement, and the text will be submitted to both houses for deliberation. However, when there are major political differences between the two houses, the Joint Committee may not be able to draft a text that is satisfactory to both houses, or the text drafted by the Joint Committee may not be adopted by both houses at the same time. At this time, after reconsideration by the National Assembly and the Senate, the Prime Minister may ask the National Assembly to hold a final vote separately. In this case, the right to amend the bill is extremely restricted, so it is impossible to make too many amendments to the bill.

This system makes the National Assembly and the Senate often agree on a law or agree with the opinions of the joint committee before proposing to form a law. In Montana, especially under such special circumstances as 198 1, 1986 and from 1988 to 1993, the government has to ask Congress to veto the opposition of the Senate and pass the bill. The constitution of 1958 guarantees the operation of the legislative system, which is enough to make any hostile opinions from the Senate unable to prevent the government from reaching a political agreement with the majority in the National Assembly.

After the bill is passed, it will be submitted to President People's Republic of China (PRC), whether it is passed by the two houses or finally considered and passed by the National Assembly. The President must sign and announce it within 15 days. During this period, the law will be submitted to the Constitutional Council for review of its constitutionality. Bills that do not need to be submitted for constitutional review or laws that are fully or partially reviewed as constitutional will be promulgated by President People's Republic of China (PRC) and published in the Official Gazette of the State. In addition to the legislative procedures of the above-mentioned general laws, there are also some special procedures applicable to financial legislation, social welfare law, organization law, constitution amendment charter, authorized legislation, treaty conclusion law and referendum law.

Financial legislation mainly has a set of special procedures for budget allocation to avoid freezing, thus affecting the coordinated operation of the whole country. The debate on financial legislation is subject to special procedures, which must be submitted to the National Assembly for deliberation and approval at the beginning of 10 every year, and the National Assembly must pass the budget within 70 days. If the parliament can pass the financial bill, the government has the right to order its implementation, so as to ensure that the tax revenue and public expenditure will not be blocked in June next year. If the parliament vetoes the financial bill-which has never happened in history-emergency clauses will be adopted to ensure smooth taxation and minimum expenditure.

65438+1 The constitutional amendment (article 47, paragraph1) adopted in February 1996 adopted a new procedure for the consideration of the social security financial bill. These new bills proposed by the government stipulate the general conditions for financial stability of social security. If the parliament fails to make a resolution on this bill within 50 days, the government can order it to be put into practice.

The ConstitutionNo. 1958 (Article 46) created a new constitutional type-organic law, which is considered as a very important law on the operation of constitutional entities and must be submitted to the Constitutional Council for review of its constitutionality before it takes effect.

1958 constitution provides two ways to amend the constitution. The first way (Article 89) is that the amendment must be unanimously adopted by the National Assembly or the Senate before it can be put to a referendum or voted by a joint meeting of the two houses of parliament called the National Assembly. The latter must be agreed by a three-fifths majority. Second, according to the provisions of Article 2 of the Constitution, the amendment can be directly submitted to a referendum, and President Charles de Gaulle applied twice in 1962 and 1969. 1962 This procedure was adopted for the direct election of President People's Republic of China (PRC) by voters. However, in 1969, the regionalization of France and the change of Senate power were rejected in this procedure, which led to the resignation of President Charles de Gaulle. Other constitutional amendments are proposed according to the procedure stipulated in Article 89-both houses have approved them and then submitted to the National Assembly. On this constitutional and political issue, it is still controversial whether it is necessary and wise to directly resort to the French people's vote on the amendment without parliamentary debate and voting.

At first, the Constitution (Article 38) allowed Parliament to authorize the government to issue laws and regulations within a certain time and area and within the scope of statutory measures. These enabling legislation is not strictly controlled by the Constitutional Council, and its purpose is to authorize the government to take special measures or emergency measures, which may require a long debate in Parliament before it can be passed. In some cases, this is of great political significance.

National leaders must vote in parliament to ratify major treaties. The Constitution (Article 53) stipulates in detail that the signing of a treaty must be voted by the National Assembly and the Senate before it can take effect. Bills on ratification of treaties are proposed by the government and considered by the parliament (usually according to summary procedures). Once the bill is passed, the treaty will certainly be ratified.

Article 1 1 of the Constitution provides detailed provisions on laws that can take effect without a vote by the Parliament. Under the limited form of government organization or ratification of relevant treaties, during the session of parliament, the president can directly resort to a referendum to pass a bill on the government or parliament. This rarely used but very important procedure made President Charles de Gaulle directly hold a referendum on his Algerian policy in the early days of the Fifth Republic, and in 1992, President Maitland's Maastricht Treaty was directly adopted, which changed the basic structure of the EU.