■ Power to Introduce Legislation in all Areas

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.

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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.

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Handbook

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

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Issue papers

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

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Multimedia

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

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Web links

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

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§ Note: this is background material. The final handbook is available online in PDF format.
Another restriction on a legislature’s law-making capacity takes the form of a limitation on the areas in which legislation may be passed. Though many constitutions leave the legislative branch free to initiate in all areas, under others certain areas are reserved for action by the executive. Areas often reserved for executive initiation include budgetary matters, the regulation of national debt, and laws concerning taxation.
All Areas
Some legislatures are competent to introduce laws in all areas. More information

Provisions

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />The Permanent Constitution of the Republic of Iraq (2005) Article 57(2) A. Bills shall be presented by the President of the Republic and the Prime Minister.B. Proposed laws shall be presented by ten (10) members of the Council of Representatives or by one of its specialized committees.

 

Initiating Requirements
In some cases, the legislature may be compelled to meet certain requirements before initiating in a given area. For instance, a legislature may be required to offset the effect of introducing expenditure increases by creating corresponding increases in revenue. More information

Provisions

The Constitution of the Republic of Yemen (1994)Article (84)Members of the House of Representatives and the Government shall have the right to introduce, or as the case may be, propose the amendment of Bills excepting money Bills intended to raise, reduce, exempt or abolish a tax. Bills intended to allocate money from the State Budget for any project shall not be introduced to the House except by the Government or at least 20% of the members.

The Constitution of the Islamic Republic of Mauritania (1991, as Amended to 2006)Article 62The bills or amendments proposed by the members of Parliament shall not be accepted when their adoption would entail either a reduction in public revenues or the creation or augmentation of public expenses, unless they are accompanied by a bill for increasing revenues or equivalent savings.

Excluded Areas
In some countries, a legislature is excluded from introducing legislation in entire areas, often related to taxation or finance, regardless of the circumstances. A constitutional provision may give the executive the exclusive power to initiate in a designated area or it may require a legislative proposal in the area to receive approval by the executive before continuing the legislative process. More information

Provisions

The Constitution of the Islamic Republic of Afghanistan (2004)Article 96Proposals for budgetary and financial affairs shall be initiated only by the Government.

The Constitution of the Federative Republic of Brazil (1998, as Amended to 2007)Article 61 § 1The President of the Republic shall have exclusive power to initiate the following laws:I—those that fix or modify the number of troops in the Armed Forces;II—laws that deal with:a) creation of public offices, positions or jobs in the direct administration and autarchies, or an increase in their remuneration;b) administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the Territories;c) civil servants of the Union and Territories, their legal regime, appointment to positions, tenure and retirement;[d) organization of the Union’s Public Ministry and Public Defender’s Office, as well as general rules for organization of the Public Ministry and Public Defender’s Office of the States and Federal District and Territories;e) creation and abolition of Ministries and agencies of public administration, observing the provisions of art. 84, VI;

The Constitution of the Republic of Moldova (1994, as Amended to 2003)Article 131 (4)Any legislative proposal or amendment connected to an increase or reduction of budgetary revenues and loans as well as an increase or reduction of budgetary expenditures may be adopted only after their approval by the Government.The Constitution of the Republic of Malawi (1994, as Amended to 1999)Article 57 (1) Except upon the recommendation of the Minister responsible for Finance, signified in writing, the National Assembly shall not—(a) proceed upon any Bill or any amendment to a Bill that, in the opinion of the person presiding, makes provision for any of the following purposes—(i) for the imposition of tax or the alteration of tax;(ii) for the imposition of any charge upon the Consolidated Fund, or the alteration of any such charge;(iii) for the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; or(iv) for the composition or remission of any debt due to the Government;(b) proceed upon any motion or any amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in subsection (a); or(c) receive any petition that, in the opinion of the person presiding, requests that provision be made for any of the purposes.(2) The Senate shall not have the power to debate or vote upon any motion or receive any Bill to which this section applies except with the recommendation of the Minister responsible for Finance, signified in writing, and may not in any case amend or reject such a motion or Bill.

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