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Key Text USAID Handbook on Legislative Strengthening

Author: USAID
Date: 2001
Size: 82 pages (973 KB)

Summary

Legislatures are central to democracy. They are the institutions where people’s preferences are translated into policies and where people engage most closely with a national government. So, how can foreign donors develop strategies to help legislatures function more effectively and to perform their functions more democratically and representatively?

This Handbook from the Office of Democracy and Governance in the US Agency for International Development (USAID) explores the question of legislative strengthening drawing on the worldwide experience of USAID missions. It points out that, despite the importance of legislatures in good democratic governance, they tend to be weak in comparison with the executive branch. Yet, they must function to reinforce democracy, practice effective oversight and make public policies successful. If the voices of those affected by the government policy are not heard in the policy-making process, those policies will not achieve the greatest effectiveness. To that end, the Handbook proposes a strategic framework for the design of programmes on strengthening legislatures.

Without effective mechanisms of representation, legislatures cannot be democratic and will not act in the interests of society as a whole. If legislative strengthening efforts are to be effective, they need to facilitate increased citizen participation in decision-making, promote a more influential legislative role in establishing national policy and budget priorities, encourage a greater role in reconciling societal conflict, and lead to more democratic internal management processes.

Other conclusions from the study are that:

Legislatures fulfil an important function in democracy because they represent people and groups, they make laws and they practice oversight. The representation function is fundamental because, without effective representation, the other functions are diminished
By reviewing the national budget and monitoring expenditures and implementation, legislatures can take an active role in ensuring greater integrity within government as a whole
Ineffective legislatures can result from the lack of formal powers, political rules and procedures discouraging communication with citizens and citizen participation, and inadequate staff and resources
In the past decade, strengthening programmes have broadened from technical assistance to increasing legislative responsiveness to citizens’ needs
Increasing responsiveness to citizens’ needs encourages greater involvement of legislatures in other issues important to sustained democratic development, such as decentralisation, anti-corruption, civil-military relations, and rule of law
The dual emphasis on legislative institution building and responsiveness to civil society is likely to continue. At the same time, a third emphasis is emerging: The role of political parties in the legislature.

The objective of legislative strengthening is not just to make a legislature operationally effective: Ultimately it is to help to strengthen democracy. Any programmes for it should take into account the following:

The unique institutional and societal conditions in the country, interests of stakeholders, and specific legislative capabilities and weaknesses in the five areas of: Political will and domestic support, representation, law-making, oversight, and infrastructure and management
Designing activities that include building a domestic support base, helping civil society understand and interact with the legislature, facilitating legislative openness and responsiveness, improving mechanisms for debate and decision-making, and strengthening budgetary oversight
Synergy between legislative strengthening and other democracy and development sectors, and potential for cross-sectoral linkages
A need to provide flexible options, create national ownership of a programme, get leadership support, balance political participation, consider the timing of activities and pursue sustainable strategies
Developing professional legislators and staff, using information technology advances and confronting ethical dilemmas as legislators face higher public scrutiny of their actions
A growing number of donors and NGOs supporting legislatures and a need to co-ordinate donor support.

Access full text: available online

Source: US Agency for International Development 2001, 'Handbook on Legislative Strengthening,' Office of Democracy and Governance, USAID, Washington D.C.
Author: Bill Baker , b-baker@dfid.gov.uk
U.S. Agency for International Development, http://www.usaid.gov
Organisation: U.S. Agency for International Development, http://www.usaid.gov