CC BY
3
№ 6 (116)
июнь, 2024 г.
INTERNATIONAL LAW, THE EUROPEAN RIGHT
PARLIAMENTARY CONTROL IN FOREIGN COUNTRIES: PROBLEMS OF THEORY AND PRACTICE
Natalya Legkostupova
1st year postgraduate student, specialty 5.1.2 «Public Law Sciences», Crimean Federal V.I. Vernadsky University, Russia, Simferopol E-mail: natalya_legkostu@mail.ru
ПАРЛАМЕНТСКИЙ КОНТРОЛЬ В ЗАРУБЕЖНЫХ ГОСУДАРСТВАХ: ПРОБЛЕМЫ ТЕОРИИ И ПРАКТИКИ
Легкоступова Наталья Викторовна
студент 1 курса аспирантуры, направление специальности 5.1.2 «Публично-правовые науки», Крымский федеральный университет имени В.И. Вернадского,
РФ, г. Симферополь
ABSTRACT
This article explores the role of parliamentary oversight in ensuring democratic governance, highlighting its theoretical foundations, diverse mechanisms, and effectiveness across global case studies, including the US, UK, and Germany. It addresses challenges such as political constraints and institutional weaknesses, particularly in emerging democracies, and discusses the transformative impact of modern technologies and international collaboration on oversight practices. Concluding with a perspective on future trends, the article underscores the enduring necessity of parliamentary oversight for maintaining transparency, accountability, and the integrity of democratic institutions.
АННОТАЦИЯ
В данной статье исследуется роль парламентского надзора в обеспечении демократического управления, подчеркиваются его теоретические основы, разнообразные механизмы и эффективность на примере глобальных тематических исследований, включая США, Великобританию и Германию. В данной работе рассматриваются такие проблемы, как политические ограничения и институциональная слабость, особенно в странах с развивающейся демократией, а также обсуждается преобразующее воздействие современных технологий и международного сотрудничества на практику надзора. В заключение, с точки зрения будущих тенденций, статья подчеркивает необходимость парламентского надзора для поддержания прозрачности, подотчетности и целостности демократических институтов.
Keywords: parliamentary oversight, democratic governance, case studies, modern technologies, international collaboration, transparency, accountability, legal frameworks, challenges, effectiveness.
Ключевые слова: парламентский надзор, демократическое управление, тематические исследования, современные технологии, международное сотрудничество, прозрачность, подотчетность, правовые рамки, проблемы, эффективность.
Parliamentary Oversight
Oversight is a foundational system of checks and balances in Democratic governance. Its main function is to guarantee that governments act according to the law. The essence of legislation oversight is to review, inspect and supervise all the government work and state departments. This includes implementing public policies for which allocation has been approved by National People's Congress departments other than SPC or SPP; administering public money generally through means
other than office buildings belonging subsidiary units within underlying rules itself like existence or non-existence movement of money responsibly such as banks is carried on by enterprises profiting directly from this through connecting paper rubber-stamps or computer terminals; conduct by government officials in general and of state institutions especially. Not only is this generally considered to be crucial to the balance of power within government, it is also central in upholding public rights and interests. The importance of parliamentary
Библиографическое описание: Legkostupova N.V. PARLIAMENTARY CONTROL IN FOREIGN COUNTRIES: PROBLEMS OF THEORY AND PRACTICE // Universum: экономика и юриспруденция : электрон. научн. журн. 2024. 6(116). URL: https://7universum.com/ru/economy/archive/item/17521
oversight lies in its ability to root out wrongdoing, suppress corruption and mismanagement. This prevents the superficiality and unreliability of publication of any report by public delegated units or clerks offices (i.e., provinces, cities and counties) which themselves violate laws. The way in which parliamentary scrutiny is conducted and its effectiveness may vary from country to country, but the fact that it is there is universally recognized as an essential feature of any working democracy. The theoretical foundations of measure by legislature are based on separation of powers, with the legislative, administrative and judicial branches all being independent but harmonious institutions that together guarantee a balanced government system. This allows the legislature to exercise oversight independently, without interference from its own members out-siding that may not always act in the best interests of all citizens equally. It is the responsibility and natural right for law-making bodies, with Parliament at front position in this respect not only as an apparatus of popular choice but also because their votes constitute a mandate from the electorate--to exercise oversight. It thus suffices that all actions and decisions made or taken by government departments must meet both reality principles (in accordance with laws) as well democratic principles voicing people's will.
Theoretical Framework
The need for parliamentary oversight has deep roots in the central conceptions of governance and accountability. In contrast, those approaches to governance conceive oversight as a modern democratic ideology produced by long reading or oral tradition. Our routine tasks in these fields involve making law, as well as managing and implementing policies. It appears impossible to understand this role of the legislature without first understanding another: that there was and is always an expectation for it to play a watchdog role vis-à-vis activities of the executive branch (the purpose being preventing dictatorships). A widely accepted theory maintains that public officials are expected to serve the interests of their constituents. In this sense, parliamentary oversight acts as a device of accountability: it makes sure that government officials and institutions are responsible to the electorate for their conduct, decisions or programs. A comparative analysis of different theoretical models of parliamentary oversight shows considerable variety in political culture, legal frameworks and historical context. For example, in countries with a well-developed rule of law and robust institutions, as a rule parliamentary oversight is more effective or more deeply institutionalized... Another instance: However, in countries with weak democratic institutions, parliamentary oversight may be beset more by various troubles both inside and outside parliament. These kinds of approaches not only provide the basic knowledge for why parliamentary oversight is needed, but from what points does it function best. By delving into these patterns, author can appreciate seriousness and subtlety in setting up effective parliamentary oversight, as well as keeping it operating. In that light, the theory corresponds to how these practices work and
what difficulties different nations have had with parliamentary oversight. This theoretical ground serves as a filter that permits analysis of later practical episodes in the field of parliamentary oversight by various countries. The theories discussed above will be a backdrop as author gradually introduce mechanisms, case studies, and challenges in subsequent chapters, which provide an opportunity to understand practical insights and examples against their original background.
Parliamentary oversight employs various mechanisms to monitor and control executive actions and policies. These mechanisms are essential tools through which legislatures can enforce accountability--ensuring that the government's actions comply with legal and moral norms. Common mechanisms include parliamentary hearings at which government officials are summoned to explain their actions; inquiries, which take detailed investigations into certain government activities or policies; and the appointment of ombudsman independent monitors of the government who investigate complaints and matters raised by people against malpractice. In addition, parliamentary committees are key players in scrutiny. Clearly focused on the fields of finance, national defense, and public works respectively, they have the power to check out government spending and policy implementation--in many cases they can produce a report which influences policy and may force reforms. In a number of democracies these committees possess very considerable powers such as subpoena witnesses, carry out spot checks on the ground, access confidential government files and so on. This ingenious framework ensures that there are several layers of scrutiny so that corrupt or inefficient practices cannot persist unnoticed.
Action Case Studies of Effective Oversight can provide valuable guidance on it and the difficulties it poses in different countries. In the United States, Congress has extensive oversight powers it uses to check the executive branch. There are powers like budget control, the confirmation of appointments, and convening hearings by standing committees in accordance with rule 9 which are unique to the Senate Committee on Armed Services and House Oversight and Reform Committee.
Since its foundation fifty years ago though more efficient processes were developed years later, these have played a crucial role in investigating into issues such as government spending and military operations. In elegant language, they celebrate the achievement of James Barnes Maxwell, a translation and music enthusiast who worked daily to translate operas and songs from Italian. They may be best remembered not for his music or plays but what he did more faithfully with lyrics as varied yet meaningful as those written by Barham.
An example of this is the Watergate scandal, in which congressional hearings revealed the extent of illegal activities undertaken by those in the Nixon administration. This led to major political reforms.A notable example is the Watergate scandal, where hearings played a critical role in uncovering the full extent of illegal activities carried out by members of the Nixon administration. It subsequently led to major political reforms.
In Germany, the Bundestag has developed a number of instruments to monitor how it manages finances. The Court of Audit is one added on top, which directly reports back to it. Under this system, the public authorities continually monitor their own financial conduct; irregularities are immediately exposed and dealt with accordingly. The year 1997 was also fruitful for the committees. They opened up an investigation into the subject of great public concern; how Federal Intelligence Service spies function. By calling for witnesses and requiring production of documents, these bodies have been a powerful tool in promoting transparency and responsibility through their work.
The case studies show that the effectiveness of parliamentary oversight largely hinges on the strength and independence of institutions involved, the legal framework which forms an interim support, as well the political will which underpins these operations. If the form must vary, then what really matters is that basic principles remain constant. No government should be able to do whatever it likes without breaking rules; nor should it fall into unethical conduct by default. These examples also illustrate how oversight practices are continuously evolving, with legislatures rising to confront new challenges and meet the expectations of a rapidly changing world.
There are many challenges for parliamentary oversight to get around. The first challenge involves the political process. In a political system where the legislature and executive are both controlled by one party, there will naturally become abundant reasons for these bodies not to exercise rigorous oversight over government. The problem is evident with a parliamentary majority inclined to shelter the executive from investigation so that they can keep "harmony" or to preserve party unity, which undermines the very purpose of oversight. Is One of the other obstacles that restrict the effectiveness of parliamentary oversight are legal and institutional barriers. In some countries, the legal framework may not give parliament sufficient authority to perform its oversight function effectively or may place limits on access to information, with the consequence that parliamentary committees find it hard to act properly as an empowered body. For instance, matters of national security are often excluded from normal oversight procedures, which can lead to government operations taking Tentatively, yet importantly, it can be argued that in emerging democracies, or those in transition from one type of political system to another, the lack of established institutions and corrupt practices can seriously inhibit oversight's effectiveness. The independence of oversight bodies may be undermined, and legislators' lack of experience or resources may further weaken this process. These challenges demand permanent action involving institutions, legal frameworks and political will, if the parliamentary oversight process is to be effective under varying political and institutional circumstances.
The Impact of Technology and Modern Practices
Years ago, with technology and modern practice, parliamentary surveillance began to take on a new aspect. Not only is there a modern aspect to this old task,
but digital tools and big data analytics now offer powerful ways to enhance transparency and accountability. Increasingly with technology, legislatures are completing processes, people (including the public) discover more information easier and quickly via websites such as those for environmental info. Moreover, the use of big data analytics provides another way for legislatures to look at the huge quantities of government information which they must process. It can pick up patterns or inefficiencies that might represent corruption, or for example find inconsistencies in previously agreed budgets. Also as a part of the modern regime, with open government data initiatives and publication of government expenditure details on the internet (so both ordinary citizens and pressure groups can hold them to account), this has made it much easier. Social media - style networks also become an essential aspect here, offering outlet for public discussion or criticism; these are used to pressure governments into behaving with more integrity and responsibility. Furthermore, a few parliaments have begun to express ideas of artificial intelligence in action. Will it predict what effect some policies might be? Can it also take over some of the legislatures ' routine functions, for example checking compliance with laws or examining documents? But promising though these technological developments are, they also provide a number of new challenges and pressures as well. For example: Members of national parliaments and for that matter parliamentary officials themselves all need to be digitally literate citizens as is now common practice in other parts of society but still not that widespread within SENATES. Concerns over data security is another big headache; with so much being done on line these days hackers might suddenly break into any one's computer or even snoop around about people working for the UN or other international organizations just like they could swing by anywhere ordinary folks gather (at concerts, for instance). As technology continues to develop, parliaments must change this situation in order to enhance their oversight powers and with certain problems that will arise from development of new forms such as discussed above.
One of the global trends in parliamentary oversight is the increasing inter-action among international bodies and national parliaments. Parliaments of different countries Parliament make use of interparliamentary unions and global organizations such as the Inter-Parliamentary Union (IPU) and the United Nations to share experiences and conduct training seminars and also to bring together lawmakers from around the world in dialogue. It's not just that this worldwide network serves to publicize innovative oversight practices; it also helps bring clarity to what oversight really should mean and thus strengthens governance throughout the globe.
A third major trend is that parliaments are beginning to focus more on sustainability and accountability in respect of international agreements such as the Paris Agreement climate change agreement and Sustainable Development Goals (SDGs). Many parliaments are beginning to oversee government compliance with these international commitments. This means using their oversight function to gauge government behaviors and
spending against sustainability targets, with further policy discussions directed towards long-term environmental and social gains.
A further trend is the rise of inclusive oversight practices. Many parliaments are now bringing citizens into the process of oversight through public consultations, online forums and social media platforms. Not only does this approach make things more transparent, but it also allows members of the public to directly partake in legislation-making activities. This in turn increases public trust and fosters accountability in democratic institutions.
Conclusion
The discussion of parliamentary oversight in various contexts underscores its crucial role in maintaining the checks and balances that are foundational to democratic governance. From the theoretical frameworks that provide the basis for its necessity to the practical mechanisms that facilitate its execution, parliamentary oversight remains a dynamic field, continually evolving to meet the demands of modern governance. It is for this reason that effective oversight necessitates not only an institutional structure, but also legal authorization to pursue such an objective. Where institutions operate without legal backing, they are apt to end up being nothing but political decorations. A raft of laws serve to mediate oversight work, also limiting the hands of those who would like to interfere in the process, guaranteeing
its independence and whereas law narrowly defines what officer may or not do, he is also informed which organs grow out from his office so as not stray outside a legal boundary: As author have seen through various case studies and challenges, effective oversight is contingent upon the strength and independence of the institutions involved, the legal frameworks in place, and the political will of the governing bodies.
Looking ahead, the future of parliamentary oversight is likely to be influenced by further advancements in technology and the increasing globalization of policy challenges. As such, parliaments must remain adaptive and responsive to these changes. They should strive to enhance their oversight capabilities by embracing innovations, improving institutional frameworks, and fostering a culture of accountability and transparency.
Ultimately, the effectiveness of parliamentary oversight is not just about the mechanisms in place or the technology used; it is about the commitment to uphold the principles of democracy and governance. This commitment must be renewed by each generation of legislators and citizens alike, ensuring that governance remains transparent, accountable, and responsive to the needs of the people. The continuous evolution of oversight practices is therefore not just a necessity, but a responsibility that all democratic institutions must bear, to safeguard the integrity of governance and promote the well-being of societies around the world.
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