International assistance

The role of international or external support for national processes of constitution building has an instrumental impact on the design of these processes and the institutional choices that ultimately are framed in constitutions.

More Policy papers Support mapping

Training programme

The new Constitution Builders CONNECT Resource – is an interactive training tool that reinforces sharing experiences as a means to building the capacity of practitioners to solve some of the dilemmas that they face in constitution building.

More

Handbook

The Handbook reviews and discusses some of the institutional and procedural design choices that practitioners have recently considered during contemporary constitution building.

More Table of contents

Issue papers

Selected issues are considered at length based on emerging and ongoing dialogues among practitioners and specialists.

More

Multimedia

A collection of multimedia resources from and about constitution-building processes.

More Audio Video Photos

Web links

The web links provide a comprehensive list of relevant organizations and partners working in constitution building and related subjects.

List
§ Note: this is background material. The final handbook is available online in PDF format.

The ability of the legislature to oversee executive activities gives the legislature an opportunity to exercise influence over executive behaviour. Therefore, it indicates a high level of power in the legislative branch. Legislatures exercise oversight through the ability to summon or investigate the executive.

Investigation
Some constitutions allow the legislature to investigate the executive. This power is usually exercised through a committee or special commission. More information

Provisions

The Constitution of the Republic of Indonesia (1945, as Amended to 2002)Article 20(A)(2) In carrying out its functions, in addition to the rights regulated in other Articles of this Constitution, the DPR shall hold the right of interpellation (interpelasi), the right of investigation (angket), and the right to declare an opinion.

Constitution of the Oriental Republic of Uruguay (1966, as Amended to 1996)Article 118Any Legislator may ask a Minister of state, the Supreme Court of Justice, the Electoral Court, the Contentious-Administrative Tribunal, and the Tribunal of Accounts, for such data and information as he may consider necessary for the discharge of his duties.Article 119Each Chamber has the right, by a resolution of one-third of its full membership, to require the presence on its floor of the Ministers of state in order to question them and receive from them information which it considers appropriate, whether for legislative purposes or for purposes of inspection or investigation, without prejudice to the provisions of Section VIII.

The Albanian Constitution (1998)Article 772. The Assembly has the right and, upon the request of one-fourth of its members is obliged, to designate investigatory committees to review a particular issue. Its conclusions are not binding on the courts, but they may be made known to the office of the prosecutor, which evaluates them according to legal procedures.

The Constitution of Burkina Faso (1991, as Amended to 2002)Article 113The Government shall provide to the Assembly all explanations requested on its management and actions.The Assembly may establish commissions of inquiry.
Summons
Some legislatures are able to submit questions which the executive is compelled to answer. In some cases, regularly held sessions provide the legislature with an opportunity to question the executive.Many constitutions that empower the legislature to summons the executive require a majority or other threshold number of legislators to support the action before summoning the executive. More information

Provisions

Constitution of the Republic of Senegal (2001)Article 85.The Deputies may pose to the Prime Minister and to the Other members of the Government who are held to respond to it, written questions and oral questions with or without debate. The questions or the responses which are made to them are not put to a vote.The National Assembly can designate, from its midst, commissions of inquiry.The law determines the conditions of the organization and of the functioning as well as the powers of the commissions of inquiry.The Constitution of the French Republic (1958, as Amended to 2008)Article 48At one sitting a week at least, including the extraordinary sessions provide for in Article 29, priority shall be given to questions from Members of Parliament and to answers from the Government.Constitution of the Republic of Serbia (2006)Article 105 Method of decision making in the National AssemblyThe National Assembly shall adopt decisions by majority vote of deputies at the session at which majority of deputies are present.By means of majority vote of all deputies the National Assembly shall:10. decide on response to interpellationArticle 129 InterpellationAt least 50 deputies may propose interpellation in relation to the work of the Government or particular member of the Government.The Government shall have the obligation to respond to interpellation within 30 days.

Constitution of the Republic of Paraguay (1992)Article 193About Summoning and InterpellationEach chamber, by an absolute majority, may individually summon and interpellate ministers and other senior administration officials and directors and administrators of autonomous, self-supported, or decentralized companies, as well as directors and administrators of organizations charged with administering state funds and those in which the State is a majority shareholder, when the chamber is discussing a law or is studying a matter pertaining to their respective activities. The respective questions must be conveyed to the summoned official at least five days in advance. Except for those cases in which the summoned individual may claim a legal cause for being excused, it will be mandatory for him to appear before the respective chamber, to answer the questions, and to provide all the information he has been asked to give.

Limits on the Power to Summons or Investigation
Other legislatures are limited in their ability to either question or investigate the executive. This is the case, for example, where investigation is limited to an ability to make a request of documents. Additionally, the power to investigate is sometimes held by a different branch or body. For instance, investigatory powers may be held by an ombudsman, rather than the legislature. Because such investigations take place wholly out of the control of the legislature, they do not indicate an increased degree of legislative power. More information

Provisions

Saudia Arabia: The System of the Majlis al-Shoura (Consultative Council) (Decree A/91) (1992)Article 24The Speaker of the Shura Council must submit an application to the Prime Minister for Providing the Council with governmental documents and statements which the Council sees necessary to accelerate its functions.

The Constitution of the Republic of Trinidad and Tobago Act (1976, as Amended to 2000)Article 93. Functions of Ombudsman(1) Subject to this section and to sections 94 and 95 the principal function of the Ombudsman shall be to investigate any decision or recommendation made, including any advice given or recommendation made to a Minister, or any act done or omitted by any department of Government or any other authority to which this section applies, or by officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority.

»