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The Role of National Human Rights Institutions in Post-Legislative Scrutiny

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2019
Authors
Glušac, Luka
Article (Published version)
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Abstract
This paper explores the role of national human rights institutions (NHRIs) in Post-Legislative Scrutiny (PLS), a topic which has been notably neglected in existing literature. The present research demonstrates that (1) legislative review is actually part of NHRIs’ mandate, and (2) the applicable international standards (e.g. Belgrade and Paris Principles) provide for their actorness in all stages of legislative process. Main hypothesis is that NHRIs have already been conducting activities most relevant for PLS, even though they have not often been labelled as such by parliaments or scholars. In other words, we argue that their de facto role in PLS has already been well established through their practice, despite the lack of de jure recognition by parliamentary procedures. We support this thesis by providing empirical evidence from national practices to show NHRIs’ relevance for PLS of both primary and secondary legislation. The central part of this paper concentrates on the potential o...f NHRIs to act as (1) triggers for PLS, and (2) stakeholders in PLS that has already been initiated. The paper concludes with a summary of the results, lessons learned, their theoretical and practical implications and the avenues for further research.

Keywords:
national human rights institution / parliament / legislation / reporting / post-legislative scrutiny
Source:
European Journal of Law Reform, 2019, 21, 2, 154-168
Publisher:
  • Eleven Publishing

DOI: 10.5553/EJLR/138723702019021002006

ISSN: 1387‐2370

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URI
http://rifdt.instifdt.bg.ac.rs/123456789/2214
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IFDT
TY  - JOUR
AU  - Glušac, Luka
PY  - 2019
UR  - http://rifdt.instifdt.bg.ac.rs/123456789/2214
AB  - This paper explores the role of national human rights institutions (NHRIs) in Post-Legislative Scrutiny (PLS), a topic which has been notably neglected in existing literature. The present research demonstrates that (1) legislative review is actually part of NHRIs’ mandate, and (2) the applicable international standards (e.g. Belgrade and Paris Principles) provide for their actorness in all stages of legislative process. Main hypothesis is that NHRIs have already been conducting activities most relevant for PLS, even though they have not often been labelled as such by parliaments or scholars. In other words, we argue that their de facto role in PLS has already been well established through their practice, despite the lack of de jure recognition by parliamentary procedures. We support this thesis by providing empirical evidence from national practices to show NHRIs’ relevance for PLS of both primary and secondary legislation. The central part of this paper concentrates on the potential of NHRIs to act as (1) triggers for PLS, and (2) stakeholders in PLS that has already been initiated. The paper concludes with a summary of the results, lessons learned, their theoretical and practical implications and the avenues for further research.
PB  - Eleven Publishing
T2  - European Journal of Law Reform
T1  - The Role of National Human Rights Institutions in Post-Legislative Scrutiny
IS  - 2
VL  - 21
SP  - 154
EP  - 168
DO  - 10.5553/EJLR/138723702019021002006
ER  - 
@article{
author = "Glušac, Luka",
year = "2019",
abstract = "This paper explores the role of national human rights institutions (NHRIs) in Post-Legislative Scrutiny (PLS), a topic which has been notably neglected in existing literature. The present research demonstrates that (1) legislative review is actually part of NHRIs’ mandate, and (2) the applicable international standards (e.g. Belgrade and Paris Principles) provide for their actorness in all stages of legislative process. Main hypothesis is that NHRIs have already been conducting activities most relevant for PLS, even though they have not often been labelled as such by parliaments or scholars. In other words, we argue that their de facto role in PLS has already been well established through their practice, despite the lack of de jure recognition by parliamentary procedures. We support this thesis by providing empirical evidence from national practices to show NHRIs’ relevance for PLS of both primary and secondary legislation. The central part of this paper concentrates on the potential of NHRIs to act as (1) triggers for PLS, and (2) stakeholders in PLS that has already been initiated. The paper concludes with a summary of the results, lessons learned, their theoretical and practical implications and the avenues for further research.",
publisher = "Eleven Publishing",
journal = "European Journal of Law Reform",
title = "The Role of National Human Rights Institutions in Post-Legislative Scrutiny",
number = "2",
volume = "21",
pages = "154-168",
doi = "10.5553/EJLR/138723702019021002006"
}
Glušac, L.. (2019). The Role of National Human Rights Institutions in Post-Legislative Scrutiny. in European Journal of Law Reform
Eleven Publishing., 21(2), 154-168.
https://doi.org/10.5553/EJLR/138723702019021002006
Glušac L. The Role of National Human Rights Institutions in Post-Legislative Scrutiny. in European Journal of Law Reform. 2019;21(2):154-168.
doi:10.5553/EJLR/138723702019021002006 .
Glušac, Luka, "The Role of National Human Rights Institutions in Post-Legislative Scrutiny" in European Journal of Law Reform, 21, no. 2 (2019):154-168,
https://doi.org/10.5553/EJLR/138723702019021002006 . .

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