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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Parliament and Congress - Representation and Scrutiny in the Twenty-First Century (Paperback)
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Parliament and Congress - Representation and Scrutiny in the Twenty-First Century (Paperback)
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The constitutional background of both legislatures and their
procedures are described and where possible compared. Currently
unsolved problems often have much in common, in vexed areas such as
ethics requirements or how procedural rules permit minorities fair
access to legislative time before majorities prevail. British
successes include the enhanced authority and effectiveness of
select committees and the acquisition of more debating time by the
creation of a parallel Chamber. Unsolved problems at Westminster
begin with the powers and status of the Lords, and go on through
the search for more effective review of EU activities, adapting
parliamentary scrutiny to more sophisticated government financial
information, and making better use of legislative time without
diminishing back-bench rights.
The accelerated pace and extent of procedural changes in Congress
is problematic. Constant pursuit of campaign funds, increased party
exploitation of Members' ethical shortcomings, and partisan
reapportionments, have diminished collegiality and compromise.
Business is conducted with greater predictability, with fewer
quorum calls, postponement and clustering of votes, and by
utilization of ad hoc special orders, often in derogation of
openness and minority rights in the House. Minority complaints have
been frequent and occasionally extreme. Conversely constant
filibuster threats in the Senate have enhanced minority party power
there. An 'inverse ratio' between the greater complexity,
importance, and urgency of pending legislation on the one hand, and
diminution of deliberative capacity, fairness. and transparency on
the other, has been repeatedly demonstrated, especially at the
stage of final compromises between the Houses.
General
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