Quality Control and Management in Legislation: A Theoretical Framework
- Part Name
- Quality Control and Management in Legislation: A Theoretical Framework
- Timea Drinoczi
- Department of Constitutional Law, Faculty of Law, University of Pecs
- Soo Young Paik
- Publication Year
I am grateful to my peer-reviewers whose comments helped me improve the content of this paper and Soo Young Paik for her contributions in editing this paper.
This present scientific contribution is dedicated to the 650th anniversary of the foundation of the University of Pecs, Hungary.
- KLRI Journal of Law and Legislation, Vol. 7 Issue. 1 Page. 57-86, 2017
- Quality control and management; Indicators; Measuring quality in legislation; Legislative process; Drafting
It is not enough to claim the quality of legislation. It has to be realized as well. The question is whether the general assumptions of quality management sytstems can, if at all and to what extent, be adopted to introduce and ensure a quality management of the legislative process. In the paper, based on the previously explained notion on the quality of legislation, a possible theoretical framework for quality management of legislation can be developed. First, the paper will offer an overview on quality management and its application. It will then discuss its applicability to the legislative process and the law making organs. The presumption is that the applicability is partial and it requires both a holistic and an organization-oriented approach, which is embedded in the context of constitutional democracy in which the legislative power intends and is capable of producing constitutional and effective laws. Possible indicators of measuring the quality of legislation are as follows: the measurement and analyzation of the political commitment toward better regulation policies, the existence of proper rules on legislation, the degree of compliance with these rules, the professional preconditions of being employed as a drafter, the training and the education, the drafting process itself, the occurrence of political and constitutional vetos, thier reasons and results, the decisions of the constitutional court or other judicial bodies on constitutionality, and the political reaction of the political decision-maker to these rulings.
The main finding of this paper is that an adaptation of the underlying idea of quality management system is possible without standardizing the legislative process.
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Ⅱ. The Concept of the Quality of Legislation
Ⅲ. Quality Management, Development, Transformation, and Adaptability
A. Development of Quality Control, Assurance, and Management in Private Sector
B. Transformation and its Use in Public Sector
Ⅳ. Holistic and Organization-Oriented View - Adaptability of Quality Management to Legislation
A. The Holistic and Organization-Oriented View
B. The Adaptability of Quality Management to Legislation
Ⅴ. Measuring the Quality of Legislation
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