The legislative process is the creation andthe adoption of a law or other normative act, subject to certain consistency. When considering the above activities, it should be indicated what its competent bodies are carrying out: the head of state or parliament. Individual cases involve the implementation of a legislative process with the participation of the government. In rare cases, a referendum is held.
The legislative process requiresrealization of certain knowledge. In the world legal practice, they have the name of legislative machinery. It represents (the technology) a certain structure, including the requirements that must be observed in the formation of laws, regulations and by-laws, as well as their systematization.
The legislative process begins with the adoption ofdecision on drafting the law. Together with this, it is determined not only the theme, but also the direction of the future act. At this stage, the main idea and method of presenting it, the correspondence of the bill as a whole to the needs of the public at present, is of great importance.
As a rule, together with the act proposed for development, a concept is also drafted, the content of which includes a common sense and a plan, a characteristic and basic directions and ideas.
The following stages of the legislative process include such actions as:
- introduction of the draft law to the competent authority (manifestation of the legislative initiative);
- consideration;
- Adoption;
- Authorization, promulgation and publication.
The introduction of the proposed act is possible by the subject,endowed with legislative initiative. The competent authority is obliged to agree to the proposal to adopt a particular law. However, this does not mean an obligation to promulgate a law. In addition, the competent host body may adopt the draft in a completely different form than was suggested.
It should be noted a certain differencebetween the draft law and the legislative proposal. So, the second concept characterizes only the idea, the concept of the alleged normative act. While the bill is the entire text of the law, with all the attributes attached (paragraphs, preamble, articles and other elements).
Consideration of a normative act implies itsdiscussion, work on it and in commissions (committees) and in plenary sessions. Experts define this stage as the most voluminous of all that is part of the lawmaking process.
Discussion during plenary sessions is often called reading. Usually the adoption of the law is carried out in three readings.
The stage of adoption of the law in unicameral parliamentscompletes a single or final reading and is a vote that is divided into a roll-call or an ordinary one. It is extremely rare to use a secret ballot.
The phase of authorizing the law is carried out by the headstate, signing its official text. Today, this concept is used quite rarely. Most often, constitutions contain such definitions as "promulgation" or "signing".
Promulgation is the official proclamationadopted by the law. This definition also means that the law was sanctioned by the head of state in the term established by the Constitution and published in the official bulletin.
The publication of a text incorresponding to the established edition (official). It reproduces the full authentic text of the adopted normative act. Together with this, the terms for the entry into force of the law are established. This stage completes the legislative process.
