A Comparative Study on the Functions of Political Parties in Parliamentary Oversight

Document Type : Original Article

Authors

1 Associate Professor, Department of Public Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran.

2 Master's student, Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

3 Master's student, Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

Parliamentary oversight is one of the most important consequences of separation of power system which has a great role in regulating power and protecting the rights of citizens. However, several factors and tools saffect this supervision. Considering the important role of political parties in the democratic life of the society and the organization of power, the role of the parties in realizing the desired parliamentary supervision cannot be ignored. Therefore, this article used a descriptive method and analyzed the reliable library sources to answer the question regarding the role of political parties in the application of political tools of parliamentary oversight. In this regard, it was found that coherent organization within the party is very important to fully exploit and direct the monitoring tools. Subjects that have been regulated in many parliaments, regardless of the type of political system and the difference in the degree of success, were able to organize the parliamentary groups, determine the direction of the flow of tools such as questions, notes, impeachment, etc. (whatever issues are raised in the spotlight for everyone), gain public support for the application of those tools, obtain the power to organize and form the composition of special commissions, moderate the dominance of the majority party, and prevent unilateralism.

Keywords

Main Subjects

References

  • Abolhamd, A. (1991), Basics of Politics, Volume 1, the sixth edition, Tehran: Tos Publications. (In Persian)
  • Abbasi, B. (2014), Comparative Constitutional Law, first edition, Tehran: Justice Court. (In Persian)
  • Abbasi, B. (2008), "Legal Criticism on the Structure and Powers of the Parliament in England", Law and Expediency Magazine, Vol. 5. (In Persian)
  • Albert, R (2019), Constitutional Amendments: Making, Breaking, and Changing Constitutions, Oxford University Press, New York.
  • Amid Zanjani, A, A. (2004), Fundamental Rights of Western Countries and Comparative Comparison with Islamic Countries, Tehran: Mizan Publishing House. (In Persian)
  • Ayubi, H. (2000), Finding and Reliability of Political Parties in the West, edition 1, Tehran: Soroush Publications. (In Persian)
  • Braendle, T, & Stutzer, A. (2010), Political selection of public servants and parliamentary oversight. Econimics of Governance,
  • Britannica, T. Editors of Encyclopaedia (2021). Impeachment. Encyclopedia Britannica.
  • Bowman, F. O. (2019). High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump, Cambridge University Press
  • Broderick, A. (1974). “The Politics of Impeachment. American Bar Association Journal”, 60(5), 554–560.
  • Bundestag Parliament. Available at: https://www.bundestag.de/en/parliament/function/legislation/passage-245704
  • Committees of inquiry of bundestag Parliament. Available at: https://www.bundestag.de/en/committees/bodies/inquiry#
  • Cole, J. P., & Garvey, T. (2015). Impeachment and Removal. Library of Congress, Congressional Research Service.
  • Chalabi, F., & Izadi, R., & Herisinejad, K. (2019). Survey on function of political parties in regulating the relations of the triple branches, comparative study in the systems of England, America and Iran. Political Strategic Studies, 7(27), 35-65. (In Persian)
  • Duverger, M. (1978), Political Parties, translated by Reza Olomi, second edition, Tehran: Amirkabir Publications.
  • European Commission For Democracy Through Law (2010), Guidelines On Political Party Regulation
  • English website of the French National Assembly. Available at: https://www2.assemblee-nationale.fr/langues/welcome-to-the-english-website-of-the-french-national-assembly#node_9511
  • Feirahi, D. (2017), Jurisprudence and Party Governance, Ney Publishing, Tehran.
  • Ghamami, S., & Khalaf Rezaei, H. (2013). Mechanisms of Resolving Disputes and Regulating the Relations of the Three Branches of Government in the Islamic Republic of Iran (With Comparative Study of Other Legal Systems). Public Law Knowledge Quarterly, 2(5), 61-82. (In Persian)
  • Ghazi, A. (2016), Fundamental rights requirements, Tehran: Mizan publishing house. (In Persian)
  • Ghazi, A. (2004), Constitutional Rights and Political Institutions, Tehran: Mizan Publishing. (In Persian)
  • Gerhardt, M. J. (2019). The Federal Impeachment Process: A Constitutional And Historical Analysis. University of Chicago Press.‏
  • Geddes, M. (2018). Committee Hearings of the UK Parliament: Who gives Evidence and does this Matter?. Parliamentary Affairs.‏
  • Griglio, E. (2020). Parliamentary Oversight of the Executives: Tools and Procedures in Europe. Bloomsbury Publishing.‏
  • Habib-Nejad, S, A. (2017), Commentary on Party Law, Tehran: Khorsandi Publications. (In Persian)
  • Habibnezhad, S., Ameri, Z. (2015). The Principles of Supervision within the Fundamental Law System of Islamic Republic of Iran. Political Science, 17(Issue 65), 7-32. (In Persian)
  • Habibnezhad, S., Ameri, Z., & Hosseini, M. (2021). The Emergence and Meaning of the Constitutional Conventions in the Legal-Political Systems of Iran and the United Kingdom. Journal of Comparative Law, 8(1), 111-138. (In Persian)
  • Hashemi, S, M. (1998), "Civil Society and Political System", Journal of Legal Research, No. 23-24. (In Persian)
  • Harisi-nejad, K. (2012), Comparative Constitutional Rights, Tabriz: Aydin Publications. (In Persian)
  • Irwin, H. (1988). Opportunities for backbenchers, The Commons Under Scrutiny, 76-98.
  • IPU and UNDP, Global Parliamentary Report 2017 (n 27)
  • Johnson, C., & Talbot, C. (2007). The UK Parliament and performance: challenging or challenged?. International Review of Administrative Sciences, 73(1), 113-131.
  • Joneydi, L, & Niazpour, A. (2019), Encyclopedia of Legal Policy, Tehran: Vice President of Compilation, Revision and Publication of Presidential Laws and Regulations. (In Persian)
  • Karuti, W. and others (2015), Encyclopaedia of Party Politics, translated by Mohsen Mirdamadi and others, first edition, Tehran: Rozeneh Publications. (In Persian)
  • Kelly, R., & Powell, T. (2013). Confidence motions. Briefing paper SN/PC/2873, London House of Commons Library.‏
  • Kelso, A. (2016). Political leadership in parliament: The role of select committee chairs in the UK House of Commons. Politics and Governance, 4(2), 115-126.‏
  • Kouroutakis, A. (2017). The Constitutional Value of Sunset Clauses: An Historical and Normative Analysis, New York.
  • Marleau, R. Camille Montpetit, eds. 2000. House of Commons procedure and practice. Practice (Monteral: McGraw-Hill, 2000)
  • Maor, M. (1997). Political Parties and Party Systems: Comparative approaches and the British experience, New York.
  • Musa Zadeh, E. (2013), Essays in Public Law, first edition, Tehran: Khorsandi Publications. (In Persian)
  • Nozari, H, A. (2013), Political Parties and Party Systems, Gostareh Publishing House, Tehran.
  • Oleszek, WJ et al. (2019). Congressional Procedures and the Policy Process, 11th edn, Washington, CQ Press.
  • Rasekh, M. (2021), monitoring and balance in the constitutional rights system, 7th edition, Tehran: Drak Publications. (In Persian)
  • Richards, P. G., Ryle, M., & Study of Parliament Group. (1988). The Commons under scrutiny. London: Routledge.
  • Salehian, A. (2011), The Role of Parties in Parliamentary Systems, Master's Thesis, University of Tehran. (In Persian)
  • Sen, A, K. (2002), Development as Freedom, translated by Seyyed Ahmad Mothaghi, Tehran: Faculty of Law and Political Sciences. (In Persian)
  • Shaw, M. (1998). Parliamentary committees: A global perspective. The Journal of Legislative Studies, 4(1), 225-251.‏
  • Silk, P., & Walters, R. H. (1998). How parliament works. Addison-Wesley Longman Limited.
  • UK Parliament, 2022 Available at: https://www.parliament.uk/site-information/glossary/censure-motion/
  • UK Parliament, Select Committees. Available at: https://www.parliament.uk/about/how/committees/select/
  • United States Senate, Senate Committee. Available at: shttps://www.senate.gov/artandhistory/history/common/briefing/Committees.htm#3
  • Von Münchow, S. (2013). Security Agencies and Parliamentary Committees of Inquiry in Germany: Transparency vs. Confidentiality. Connections, 12(4), 51–74.
  • Yamamoto, H. (Ed.). (2007). Tools for parliamentary oversight: A comparative study of 88 national parliaments. Inter-parliamentary union.‏
  • Yousufiyeh, W. (No date), Political Parties, Tehran: Atai Press Institute. (In Persian)
  • Zarei, Mohammad Hossein (2005), Comparative Study of Legislative Assemblies, Vol. 1, Tehran: Office of Legal Studies, Islamic Council Research Center. (In Persian)
  • Zarei, M, H. (2010), the role of internal commissions in parliamentary supervision: a comparative study, first chapter, Tehran: Office of Legal Studies of the Research Center of the Islamic Council. (In Persian)
  • Zarei, M, H, & Bahnia, M. (2016), the means of parliamentary supervision of the government; a comparative study, Tehran: Office of Legal Studies of the Research Center of the Islamic Council. (In Persian)

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History

  • Receive Date: 13 July 2022
  • Revise Date: 05 October 2022
  • Accept Date: 27 October 2022

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