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Can parliaments be strengthened? A case study of pre-legislative scrutiny

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ABSTRACT How successful are attempts to strengthen the capacity of national legislatures to better perform their law-making function? In response to executive dominance, some legislatures have attempted organisational reform to… Click to show full abstract

ABSTRACT How successful are attempts to strengthen the capacity of national legislatures to better perform their law-making function? In response to executive dominance, some legislatures have attempted organisational reform to strengthen their capacity. One such institutional innovation is pre-legislative scrutiny (PLS) – a process whereby a parliamentary committee scrutinises draft bills and reports back with observations and/or recommendations to the ministry sponsoring the legislation. PLS is designed to enhance the capacity of parliament to influence government-sponsored legislation. We measure the impact of PLS on legislative outcomes by conducting a content analysis of PLS reports and subsequent Government bills introduced to the Irish Parliament between 2011 and 2016. This analysis is supplemented with an in-depth case study of legislative change around gender recognition. The mixed method analysis suggesting that PLS can have a substantive impact on proposed government legislation. PLS serves to strengthen the role of parliament in law-making, with positive, and arguably generalisable, consequences for stakeholder engagement, parliamentarians and the quality of legislation.

Keywords: pls; legislation; legislative scrutiny; pre legislative; case study

Journal Title: Irish Political Studies
Year Published: 2019

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