Lainvalmistelun oikeudelliset puitteet
Keywords:
valtiosääntöoikeus, lainsäädäntötutkimus, lainvalmistelu, lainsäädäntö, perustuslakivaliokunta, ylimmät laillisuusvalvojatAbstract
The legal framework of the law drafting process
In the article, we discuss, from a legal perspective, the regulation of the law drafting as a part of the Finnish legislative process. Our perspective differs from the traditional way to approach the guidance of law drafting solely as regulatory
policy. As we explain in the article, good law drafting is linked to constitutional law, ensuring the principles of the rule of law and democratic decision-making. To enact new legislation is a duty of Parliament. In practice, the central content of laws is frequently already determined in the drafting phase. Thus, as the Government’s proposal and its drafting are highly important for the subsequent parliamentary procedure, it is significant to be familiar with the legal requirements set for them. We begin the article by analysing the legislation that sets demands for legislative drafting. We then briefly discuss the regulatory guidelines and recommendations provided by numerous national and international actors such as the OECD and the European Commission. As a final part of our analysis of the legal framework, we discuss the opinions of the Constitutional Law Committee and the Highest Legal Overseers (Parliamentary Ombudsman and Chancellor of Justice) on the law drafting that reflect the qualities of good legislative practices and clarify the content of the legislative framework. In conclusion, we argue that our article indicates the existence of the legally binding procedural framework of the law drafting process that should be taken into account in the drafting. The article also enhances understanding of the significance of legal regulation in the context of the quality of the legislative drafting process.
