Form And Function In A Legal System - A General Study Part 4

Tham khảo tài liệu 'form and function in a legal system - a general study part 4', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 112 Forms of Institutions - Legislative form-oriented analysis also addresses as indicated here the overall credit due well-designed jurisdictional form separately and jointly with other formal features for purposes served. A rule-oriented account is silent with respect to credit as such. section fi ve the structural feature A structural feature of a functional legal unit defines and organizes relations between parts within the whole. A legislative body like most major legal institutions must have an organized internal structure in order for it to have the make-up and unity required for its instrumental capacity. As with other formal features this does not mean all legislatures have the same formal feature here. Thus in parliamentary systems such as in Great Britain and various Commonwealth countries members of the executive are also members of the legislature and assume the managerial role in that body. In systems such as the United States in which the executive and the legislative powers are separated the makeup of internal legislative structure is very different. The executive does not manage that body as in Great Britain. The formal feature of internal structure in a legislative body is complex and specifies who is to preside over the whole body when it transacts business who is to prepare the legislative and other agendas for the whole body what bills and other matters are to be referred to what committees of the body who is to sit on and chair committees who is to determine the order in which bills or other matters are to be considered by the whole body and so on. Legislatures in all Western systems are typically subdivided into standing and special committees that have varying relations to the whole and to each other. Because political parties figure prominently in the modern Western legislature they too must be factored into the overall structure. Internal structure is a pragmatic necessity. It defines and organizes relations between parts within what can .

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