W sprawie inicjatywy ustawodawczej
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Date
1986
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
WydziaĆ Prawa i Administracji UAM
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On a question of legislative initiative
Abstract
In a form of case study the analysis concerns various aspects of legislative
initiative. The author observes a possibility of widening a range of subjects of
the initiative, mainly by social organizations, of institutionalizing legislative inspiration,
popular inspiration. Withdrawing a bill is possible only upon obtaining
a consent of the Parliament. The principle of discontinuity of works has to be refused. The analysis pertains to the specificity of the initiative of members of the
Seym, unilaterality of the aspect of introducing a draft of the law is emphasised
with the respect to separating from the contribution to preparation of the draft.
(A form of the initiative should enable the control fulfilling exingencies, mainly
passing a bill by the government. It is desirable to precise the requirements,
like indicating at certain acts within preparatory works stage to condition starting
the processing of the bill. It is imperative to institutionalize elements of the
grounds of the draft and annexing drafts of executive acts. A notion of bill in the
light of legal regulation and practice is analysed. The postulates to increase the
M.P.'s influence on the bill can be realized in various organizational forms.
The author admits a varied manner of carrying out the initiative subject to
the stage of preparatory works, and a right to initiative within a statutory scope
of activity of the entitled subject. The importance of social accessibility of the
subject of initiative is emphasised, including social drafts of the law as substratum
of works of the M. P.'s. In spite of the dominating governmental legislative
analysis it is possible to utilize the M. P.'s activity to a higher degree.
Also the activity of social subjects should become a durable factor of legislative
initiatives. The analysis is concluded by the postulates on the bill of the Lawmaking
Act.
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Sponsor
Digitalizacja i deponowanie archiwalnych zeszytĂłw RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 2, s. 97-111
Seria
ISBN
ISSN
0035-9629