Pravo (Jul 2024)
Institutionalization of rights and responsibilities of the opposition in parliament – A comparative European perspective
Abstract
The subject of this study is an analysis of different normative solutions and degrees of institutionalization of the role of the opposition in parliaments across a number of European states, ranging from stipulation in the parliamentary rules of procedure to formal recognition of the opposition in the constitution of the state. Balance of the parliamentary political power as well as acknowledgement of the legitimate role of opposition ensures prerequisites for democratic social dialogue and active participation of responsible citizens in the processes of strengthening institutions of representative democracy. Therefore, only consensual political culture contributes to the political trust that citizens place in political institutions. Although there is no universally adopted model that defines the role of the parliamentary majority and opposition, it is undeniable that the post-democracy era requires a redefinition of basic concepts, such as parliamentary majority and opposition, as well as the role of parliament. The scope of the analysis is limited to a comparative overview of constitutional solutions that guarantee the rights of the opposition and the legal framework regulating the part of the rights of parliamentary opposition, which are realized in the process of creating policies. The aim of the paper is to strengthen mechanisms of parliamentary democracy and, in particular, to strengthen trust in the work of the National Assembly of the Republic of Serbia, as only through the effective implementation of European experiences can public trust be built and standards of political culture be improved. Methodologically, the comparative approach is complemented by the analysis of comments and interpretations of constitutional acts, laws, rules of procedure, as well as recommendations of the Venice Commission.
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