Abstract
This article examines the institution of the public hearing in contemporary constitutional systems. After considering the public hearing in light of the concept of deliberative democracy, the authors present various normative and practical measures implemented in selected countries. It is claimed that public deliberation affects the quality of legislation and makes it more legitimate. The public hearing as a stage in the legislative procedure requires a mature reciprocal dialogue between individuals and the state authorities as well as a readiness to reach appropriate decisions. The authors argue that to make the public hearing more effective, the law-maker or its organs should have a duty to inform the opinion about the extent to which the public proposals have been taken into account.
Highlights
The purpose of this paper is to discuss and elucidate current trends in the function of the institution of the public hearing as a part of law-making process in contemporary constitutional systems
This article examines the institution of the public hearing in contemporary constitutional systems
After considering the public hearing in light of the concept of deliberative democracy, the authors present various normative and practical measures implemented in selected countries
Summary
The purpose of this paper is to discuss and elucidate current trends in the function of the institution of the public hearing as a part of law-making process in contemporary constitutional systems. The public hearing requires a personal presence and allows for an interactive debate between the participants This debate is strictly connected with the implementation of public policies and public-good projects within a political organism, i.e. a state or. The arguments will be presented using examples of solutions accepted in selected countries with various governance systems, including the parliamentary-cabinet system (United Kingdom), the presidential system (United States), the chancellor system (Germany) and the socalled ‘rationalised’ parliamentary-cabinet system (Poland). In these countries one may observe the most characteristic features for a respective system of government. It must be noted that holding a public hearing prior to the issuance of normative acts by the executive authority causes justifiable doubt because these may be strict executive acts, which strongly limit the possibility of
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