The legislators or participants in the legislative process may regard the legislative bills pending in the National Assembly as just letters or figures, but they can throw unlimited power which can determine the future of a nation, or fate of individu...
The legislators or participants in the legislative process may regard the legislative bills pending in the National Assembly as just letters or figures, but they can throw unlimited power which can determine the future of a nation, or fate of individuals when they are enacted. In particular, the role of legislators is more significant than ever before to respond and overcome today's crisis.
Securing legitimacy in contents, democratic value, and procedures of legislation is the most urgent issue to be addressed and resolved in the legislation process of the National Assembly. The National Assembly's enactment of flawless laws in terms of contents and procedures based on the constitutional legislation function is started with compliance of the overall legislative steps and procedures specified in the Constitutional Law and the National Assembly Law.
Currently, the massive number of laws we are directly and indirectly exposed in our everyday life makes us deluded with laws. As of November 30, 2008, a total of 1,253 laws are being enforced or scheduled to be enforced. A total of 1,120, 945, and 1,913 bills were passed in the 15th session, the 16th session, and the 17th session of the National Assembly, respectively. This may be positively interpreted as the National Assembly is actively fulfilling its responsibility, and revising and enacting the laws in a timely manner, but enactment of too many laws may bring confusions among the public and threaten the legal stability, leading to negative effects.
The legislative process of the National Assembly where the laws are created especially requires legitimacy in terms of democratic value, purpose, and procedure, which are all included to the constitutional ideologies, in its detailed procedure and the method. The National Assembly of Korea has records of hasty legislation, negotiated legislation, and even rush of bills by the majority party, resulted from exemptions, political factors including party politics, and lack of complete laws. Furthermore, we cannot guarantee that such situations will not be repeated. There is no doubt that the public has concerns over the National Assembly, the lawmaker, is properly making and revising all the laws.
Above all, the principles for justification of the internal control, including the principle of representation of people, the principle of due process of law, the principle of open discussion, the principle of participation, the principle of professionalism, and the principle of efficiency, should be kept in the process of revision and enactment of laws to protect the basic rights of the public guaranteed by the Constitutional Law. In other words, not only drawing up and verification of the bills at the legislative committee, but also the overall legislative processes deliberated and resolved in the general sessions are required to be supplementary and controllable. The legislative process and the compliance of the process will determine whether the National Assembly will integrate the society as well as policy functions through the legislative process. The majority party is required to take time to discuss agendas with and persuade the minority group. The minority group is also required to secure the procedural legitimacy in the legislative process by removing the physical obstacles in the legislative process. When the majority party abuses the minority parties based on the favorable situation and the minority parties filibuster bills to just disturb rivals, the National Assembly can be regarded as the unproductive and low-efficiency organization, leading to recognition on uselessness of the National Assembly.
It is partially attributed to the fact that the National Assembly of Korea has failed to create and institutionalize the circle of internal control on the legislative procedure based on autonomy, responsibility, democracy, professionalism, and reasonableness in operation of the National Assembly. In other words, the National Assembly has failed to fulfill the responsibility of legislation, which is the reason for being of the organization. Legislation should be done in a very careful and reasonable approaches based on the democratic procedure.
Such a responsibility of legislation is started with definition of the direction for the improvement which aims to voluntarily operate the legislative procedure based on the internal rules and the system of the National Assembly. First, the National Assembly needs to improve recognition on law observance by keeping the fact that the National Assembly has the constitutional legislative function. Second, the legal and institutional improvements are required to be made to have benefits from the internal control of the legislative process, and ultimately improve the operating efficiency. This suggests that the government should not neglect its role to voluntarily improve and control the legislative process.