The legislative process is the creation and adoption of a law or other normative act subject to a certain sequence. When considering the aforementioned activities, it should be indicated what is carried out by its competent authorities: the head of state or parliament. Some cases provide for the implementation of the legislative process with the participation of the government. In rare cases, a referendum is held.
The legislative process requires certain knowledge to be implemented. In world legal practice, they are called legislative technology. It represents a certain structure, including the requirements that must be observed when drafting laws, regulations and by-laws, as well as when they are systematized.
The legislative process begins with a decision on the preparation of a draft law. Along with this, not only the topic is determined, but also the direction of the future act. At this stage, the main idea and the method of its presentation, the compliance of the bill as a whole with the needs of the public at the present time, is of great importance.
As a rule, together with the act proposed for development, a concept is drawn up in advance, the content of which includes the general meaning and plan, characteristics and main directions and ideas.
The following stages of the legislative process include actions such as:
- introducing the bill to the competent authority (manifestation of legislative initiative);
- consideration;
- Adoption;
- Validation, promulgation and publication.
The introduction of the proposed act is possible by an entity vested with legislative initiative. The competent authority is obliged to agree to a proposal for the adoption of a law. However, this does not mean an obligation to enact a law. In addition, the competent host authority may accept the project in a completely different form than was proposed.
It should be noted a certain difference between the bill and the proposal. So, the second concept characterizes only the idea, the concept of the proposed normative act. While the bill is the entire text of the law, with all the attached attributes (paragraphs, preamble, articles and other elements).
Consideration of a normative act implies its discussion, work on it both in commissions (committees) and in plenary meetings. Specialists define this stage as the most voluminous of all involved in the legislative process.
Plenary discussion 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 parliaments completes the single or last reading and is a vote that is divided into a roll call or a regular one. Secret balloting is extremely rare.
The stage of authorization of the law is carried out by the head of state, signing its official text. Today, this concept is rarely used. Most often, constitutions contain definitions such as “promulgation” or “signing”.
Promulgation is the official proclamation of a law passed by parliament. This definition also means that the law was sanctioned by the head of state within the time period established by the Constitution and published in the official gazette.
Publishing refers to the printing of text in the corresponding established edition (official). It reproduces the full authentic text of the adopted normative act. Along with this, the deadlines for the entry into force of the law are established. This stage completes the legislative process.