의회의 법률안 사전심사의 가능성과 한계 - 영국 의회 법률안 사전심사절차를 중심으로 - = Possibilities and limitations of preliminary review of legislative bills by Congress

다국어 초록 (Multilingual Abstract)

Due to the explosion of bills, both the efficiency of bill processing and the depth of bill deliberation in the National Assembly are decreasing. Institutional response is required because a decline in the depth of bill deliberation can lead to a decline in the quality of the law. There is a growing need to seek institutional improvements that can improve the quality of laws so that “good laws” can be produced through the bill review process.
Accordingly, there is discussion about the need to introduce a preliminary review procedure for bills proposed by lawmakers during the legislative process. In this regard, the UK Parliament is implementing a Pre-legislative scrutiny system in which the Parliament reviews the validity of the draft bill at the stage before its formal submission. The Pre-legislative scrutiny system improves the quality of government legislation by allowing social discussions on major legislation and policies promoted by the government to take place in the open space of Parliament before the official legislative process begins, while also facilitating the review of bills by Parliament. The review process is being streamlined.
National Assembly may also consider conducting basic research on bills at the stage prior to the formal legislative process so that the limited deliberation resources of the National Assembly can be utilized as effectively as possible.
The decision on the subject of preliminary review and the judgment on whether to implement it are left to the authority of the National Assembly and implemented through an arbitrary procedure, but it is possible to attach a simple legislative impact analysis report when proposing a bill. Democratic participation should be strengthened in the preliminary review process so that preliminary review can function as a procedure to mediate conflicts and prepare alternatives.

참고문헌 (Reference)

1 김소연, "입법평가제도의 대안으로서 규제심사의 확대가능성에 대한 헌법적 검토" 한국공법학회 46 (46): 329-357, 2018

2 김한근, "입법평가제도 도입을 위한 입법적 고찰" 한국의정연구회 11 (11): 39-60, 2016

3 한공식, "의원입법에 대한 영향평가제도 도입에 관한 연구" 한국의정연구회 11 (11): 5-34, 2016

4 이혁우 ; 김주찬 ; 김태윤 ; 여차민, "의원입법에 대한 규제영향분석의 필요성 연구" 한국규제학회 20 (20): 33-62, 2011

5 전학선, "의원입법과 규제개혁" 한국헌법학회 22 (22): 79-114, 2016

6 최정인, "영국과 일본의 법안 사전심사제 현황과 시사점" 국회입법조사처 2021

7 "국회의안정보시스템"

8 Jack Pannell, "The legislative process – How to empower parliament" Institute of Government 2022

9 Select Committee on Modernisation of the House of the Commons, "The legislative process"

10 Select Committee on the Constitution of the House of Lords, "The Legislative Process: Preparing Legislation for Parliament"

11 Shane Martin, "The Impact of pre-legislative scrutiny on legislative and policy outcomes" Oireachtas Library & Research Service 2017

12 Sarah Priddy, "Pre-legislative scrutiny under the 2015 and 2017 Conservative Governments" House of Commons Library 2018

13 Richard Kelly, "Pre-legislative scrutiny"

14 Alec Samuels, "Pre-legislation Scrutiny" 19 (19): 1998

15 Select Committee on the Constitution of the House of Lords, "Parliament and the Legislative Process: The Government’s Response"

16 Select Committee on the Constitution of the House of Lords, "Parliament and the Legislative Process"

17 Jennifer Smookler, "Making a Difference? The Effectiveness of Pre-Legislative Scrutiny" 59 (59): 2006

18 Cabinet Office, "Guide to Making Legislation"

19 Housing, Communities and Local Government Committee of House of Commons, "Communities and Local Government Committee of House of Commons"

20 Judith Hackitt, "Building a Safer Future: Independent Review of Building Regulations and Fire Safety" 2018

21 Housing, Communities and Local Government Committee of House of Commons, "Building Safety Bill: Government response to pre-legislative scrutiny by the Housing"