The USA Journals Volume 03 Issue 11-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
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November 30, 2021 |
Pages:
57-68
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-09
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‘
ABSTRACT
The most important purpose of the activities of political parties is to ensure interaction
between the representative bodies of state power and the electorate. This cooperation is
reflected in the election programs aimed at identifying and addressing the problems and
shortcomings that plague the electorate, and its implementation through the deputies in the
representative bodies. Unlike other public associations, political parties directly participate in
the activities of representative bodies and they are the subject of law-making and controlling
functions.
KEYWORDS
Public Chamber, European Parliament, Oliy Majlis, Law on Political Parties.
INTRODUCTION
At present, the general trends of
development of representative bodies of
power in our country are reflected in the
following:
Expansion of the range of tasks, powers
and functions;
The complexity of law-making as a result of
the general complexity of management
tasks;
Strengthening the influence of civil society
on their activities, expanding forms of
public control;
Organizational And Legal Basis Of The Participation Of
Political Parties In The Activities Of The Legislative Chamber
Of Oliy Majlis
Ikhtiyor Bekov
PhD In Law, Associate Professor Of The Department Of Tashkent State Law University,
Tashkent, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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Expansion of communication channels of
representative
bodies
with
voters,
transition
to
widespread
use
of
information
and
communication
technologies;
Strengthening the political aspect in the
formation of representative bodies;
Informing the processes of representative
bodies;
Strengthening the role of assisting staff of
representative bodies and optimizing the
number of staff and so on.
In recent years, the issue of participation of
political parties in parliamentary activities
has been widely studied by representatives
of various spheres. The main reason for this
is that the participation of political parties
in
the
activities
of
the
highest
representative div is considered an
important sign of the exercise of public
power. In particular, D. Ernazarov[1],
G.Rahat, R.Xazan, R.Katz[2], A.Kynev[3],
C.Schäfer, M.Debus[4], Sh.Zulfikorov[5]
and other scholars have studied the
participation of political parties in
parliamentary activities.
According to the analysis of foreign
experience, in some countries, even parties
that are not represented in parliament are
legally
allowed
to
participate
in
parliamentary sessions. For instance, in the
Russian Federation, political parties that
are not represented in the State Duma
have right to participate in the plenary
session of the State Duma at least once a
year[8]. In our opinion, this contradicts the
representative nature of the parliament,
because if a representative of a political
party is not elected to this div of state
power, he has neither the moral nor the
legal right to represent anyone in
parliament. However, on the other hand,
participation in parliamentary sessions
does not necessarily mean that it interferes
with the activities of the session or has an
impact on the issue under consideration.
It should be noted that today there is a
growing trend of forms of cooperation
between civil society institutions and
representative bodies of government. This
is reflected in the formation of the Public
Chamber, the institution of parliamentary
inquiry, the growing role of political parties
in the electoral process and the emergence
of new forms of public participation.
Given that the essence of real people’s
representation, in particular, is guaranteed
by the organizational structure and
procedures of the representative div, it is
important to analyze the content and
forms of participation of party structures in
the representative bodies, processes of
optimizing their working procedures.
Unlike in the former Soviet era, the
composition of deputies of the Legislative
Chamber of Oliy Majlis elected in single-
member constituencies is determined
entirely by the will of the electorate. From
this point of view, it can be said that the
deputies elected from single-member
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constituencies literally represent the
people.
At the same time, since candidates are
nominated by political parties and their
election campaigns are conducted within
the framework of inter-party competition,
it is appropriate to recognize candidates
who have received the required number of
votes in the elections as representatives of
political parties in parliament.
As noted above, the factions of political
parties established in the lower house
provide an opportunity to directly
represent the interests of the party in this
representative div. It is known that
electorate vote not only for the candidates
for a mandate, but also for the political
parties that nominated the candidate.
The legal basis for the activities of political
parties in the parliament strengthened by
laws and other legislation: first of all, the
Constitution of the Republic of Uzbekistan,
the Constitutional laws “On the Legislative
Chamber of Oliy Majlis of the Republic of
Uzbekistan”, “On modernization and
further
democratization
of
public
administration and strengthening the role
of political parties in the modernization of
the country”, laws “On political parties”, as
well as the Regulation of the Legislative
Chamber of Oliy Majlis of the Republic of
Uzbekistan.
International practice shows that the real
and
effective
functioning
of
the
parliamentary mechanism is based on the
activity of political parties. Parties form
their own associations in parliament, often
referred to as factions. Although the
concept of factions, their formation and
principles of operation differ significantly
from
each
other,
they
essentially
emphasize the place and role of parties.
Parliamentary factions are an extremely
important component of a multiparty
system. In fact, they play the role of
institutions (structures) that perform the
function of protecting the interests of the
electorate. Just as the country’s political
infrastructure is made up of different
parties, parliamentary factions also make
up the “political space” of parliament.
In assessing the activities of deputy
associations of the Legislative Chamber of
Oliy Majlis, it is necessary to take into
account not only national but also foreign
experience. It should be noted that the
fundamental work by “Parliaments of the
World”, dedicated to the activities of the
parliaments of the United States, Canada,
Great Britain, France, Austria, Switzerland,
Sweden, Finland, Portugal, Japan, as well
as the European Parliament, focuses on the
factional structure of these parliaments[8].
In order to understand the definition of the
term “parliamentary faction”, we consider
it necessary to consider approaches to this
concept. For example, an encyclopedic
dictionary defines a faction as a group of
deputies in a parliament or other
representative div, which includes
deputies elected from a particular party[8].
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S. Berdikulov describes the faction as
follows: “a faction is an association of at
least nine deputies elected to the
Legislative Chamber of Oliy Majlis in order
to incorporate the ideas and election
program of a political party into the
law[9]”. In our opinion, this definition does
not fully reveal the essence of the faction.
The main purpose of the faction is not only
to implement the election program, but
also to represent all the interests of the
party in parliament. We also consider it
inappropriate to specify a definite number
in relation to fraction formation in the
definition. Because this number (at least 9
deputies) and demand are relative and may
increase or decrease over time.
The faction is an important, relatively
independent component of parliament. In
parliaments, the faction is usually divided
into a number of opportunities for the
representative
(participation
in
committees and other parliamentary
bodies), procedural (participation in the
discussion of bills and other issues), as well
as organizational and technical content
(ownership of premises, staffing, in some
parliaments – have access to financial
resources). In the modern world, the
activities of most parliaments are built on a
factional basis.
In the Legislative Chamber, the main
purpose of forming a faction is to
implement the policies set out in the
Charter and Programs of a particular party
on an organized basis. The faction is
formed at the meetings of deputies elected
from a particular political party on the basis
of their decision. Mandatory condition for
the start of activities of factions is their
registration in the Legislative Chamber.
The practice of foreign parliamentarism
shows that party associations of deputies
are often referred to as party factions, but
sometimes they are also renamed. If in
Germany the classic name is faction, in
France, Italy and other countries party
factions are called “parliamentary groups”.
In the UK, they are officially called
parliamentary parties. In Austria, Poland
and Croatia they are called party clubs.
Naturally, factions have the powers,
opportunities and advantages established
by law over deputies who do not join a
faction[10]. This advantage can be seen in
the
process
of
legislative
and
parliamentary
oversight,
from
the
formation of the parliamentary chamber
and its governing bodies (chairman and
deputy of the chamber, chairman of the
committee and other positions).
It is possible to observe differences in the
minimum number and requirements of
deputies for the formation of factions in
world parliaments. In the Netherlands, for
example, a single MP representing any
party can also declare himself or herself a
faction. According to the regulations of the
Bundestag of the Federal Republic of
Germany, the faction must include
deputies who are members of only one
party, the faction must be at least 5% of the
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total composition of the Bundestag. That
means at least 25 members of the
Bundestag. The regulations of many
parliaments around the world also
reinforce these issues. For example, the
rules of the Austrian parliament stipulate
that a faction (called a “club”) may consist
of at least five members.
Another example is the formation of a
faction (parliamentary group) in the French
Senate, which requires 14 senators, and in
the French National Assembly, 30 deputies.
French law prohibits the formation of
factions to represent private, local and
professional interests. The formation of a
faction in the Italian Senate requires 10
senators, and in the Chamber of Deputies
20 deputies. According to the rules of the
Italian Senate, even those who do not want
to join a faction of any political party can
join a “mixed faction” from among the
representatives of different parties.
It should be noted that the requirement of
the status of the faction in relation to the
number of deputies has been the subject of
controversy by various scholars. According
to A. Orazbaeva, it is expedient to establish
a faction based on the specifics of each
state parliament, to establish a number of
6-7 deputies[11]. In particular, it is
impossible to agree with the opinion of
Sh.Zulfikarov that “it is expedient to
determine that not at least 9 deputies of
the Legislative Chamber, but 12 deputies
have the right to form a faction[12]”.
The issue raised above, we are in favor of
further liberalization of the formation of
political party factions. In our opinion,
setting requirements that aggravate the
formation of a faction can lead to
“monopolization in parliament”. It is
known that the multiplicity of political
party factions contributes to the diversity
of views and positions in parliamentary
activities.
In carrying out the activities of the
Parliament of the Republic of Uzbekistan,
in accordance with the law, the faction of
political parties has the following rights:
a)
Participation in the formation of the
agenda of the meeting of the Chamber;
b)
Appeal to the head of state with the
initiative to dismiss the Prime Minister;
c)
Guarantees that the representative of
the faction will speak on each issue on
the agenda of the session of the
Chamber;
d)
Send inquiries to the Speaker of the
Chamber of the Oliy Majlis, the
Government, ministers, as well as
heads of other state bodies;
e)
Nomination of candidates for the
positions of deputy speakers, heads of
chamber structures;
f)
Distribution of the faction’s opinion on
the issue discussed at the sittings of the
chamber among the deputies, etc.
In addition, the faction may perform other
functions stipulated in the legislation
related to the deputies of the Legislative
Chamber.
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In our opinion, the most important
guarantee of the activity of the party
faction in parliament is the existence of a
norm that the leader of the faction
automatically takes a seat in the Council of
the Legislative Chamber. Hence, the
faction leader has the right to participate in
the meetings of the Council of the
Chamber, which is the permanent
governing div of the chamber, and in
other matters from the point of view of the
position of the party faction. It is
noteworthy that for any parliamentary
structure it is important to ensure its
organizational,
technical
and
other
activities. Therefore, the rule of providing
factions by the apparatus of the Legislative
Chamber is of particular importance.
In parliamentary elections, each political
party seeks to get more votes for its
candidates and, accordingly, more seats. If
a faction has a majority in the Legislative
Chamber, it will gain the status of an
influential party that forms a parliamentary
majority. According to Article 131 of the
Law on Political Parties, several factions
may form a bloc on the basis of their
common program goals, they are the
parliamentary majority that has the right to
call itself in that way. According to the law,
the presence of factions of political parties
in such a bloc does not limit their
independence in the exercise of their rights
provided by law.
However, this article of the law does not
clearly define the level of the parliamentary
majority, in other words, the amount of
votes received by the party, which allows it
to claim the status of “majority”. If we
explain this with the following example,
party A won 40 per cent, party B 35 per
cent and party C 25 per cent. Indeed, party
A has a majority in the chamber, but if
parties B and C form a bloc, they will
together have 60 percent of the seats. So,
this bloc has a majority in parliament.
The analysis of the norms of this law shows
that there is a gap, more precisely –
uncertainty,
which
reflects
the
contradiction between the content of the
first and second parts of the above article
of the law. This uncertainty creates the
conditions for the formation of a
parliamentary “majority” by a bloc of
parties that did not get a lot of votes
individually, but together – more than the
winner of the election. Unfortunately, our
legislation has neglected this issue,
resulting in the above gap, which can lead
to conflicts in parliamentary activities.
Foreign experience shows that in such
cases, when several political parties unite
and form a parliamentary majority, they are
called party coalitions. While W.Riker was
the first in political science to substantiate
the issue of “coalition” in his monograph
called “Theory of Political Coalitions”[13],
participation of political parties in the
coalition was scientifically baresearched in
the works by R.Axelrod[14]. The essence of
W.Riker’s scientific view was that a
minimum of participants in a political game
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based on the principle of “optimal value”
would form a rational coalition. This means
the formation of a “minimum winning
coalition”[15]. Enriching this view, R.
Axelrod argues that the core of a coalition
of political parties is characterized by the
fact that the parties are linked on the basis
of ideological continuum.
In the literature on coalition theories, most
researchers believe that the most
important source for party coalitions is the
number of seats in parliament. After all,
this is exactly the amount that will make
the coalition the winner by a majority vote
in parliament[16]. As B.Powell points out,
the coalition strategy of political parties is
extremely important in terms of the nature
of
parliament,
which
is
a
truly
representative div of democratic power.
At the same time, it distinguishes two types
of democracy, depending on the electoral
system
used:
majoritarian
and
proportional. In a majoritarian democracy,
the party that gets the most votes in the
election will rule until the next election, so
voters know exactly which vote will
directly affect which party will be in power
and what policy will be pursued in the
country[18].
On the other hand, the law allows factions
of political parties that do not approve the
course and program of the newly formed
government or its specific directions to
declare themselves in opposition. The
status of the opposition party in parliament
entitles it to a number of guaranteed
powers[19].
Thus, the faction of a political party
declaring itself a parliamentary opposition,
in addition to the powers provided by law
for ordinary (non-opposition) factions,
shall have the following rights:
1)
Simultaneous
submission
of
an
alternative version of the draft law to
the responsible committee of the
Legislative Chamber with information
on the relevant issue;
2)
Demand that his dissenting opinion on
the issues under discussion be
recorded in the minutes of the plenary
session of Oliy Majlis;
3)
To send its representatives to the
conciliation commission on the laws
rejected by the Senate of Oliy Majlis.
Regardless of their number, factions
should have equal rights and obligations in
parliamentary activities. At the same time,
in our opinion, given the growing role of
political parties in parliamentary activities,
it is expedient to strengthen in our
legislation
the
provisions
on
the
proportional
representation
of
parliamentary factions in the election of
committee chairmen.
Modern parliamentary law recognizes
party factions as the most important
structural unit of parliament. Factions are
given a number of rights and privileges, the
implementation of which ensures the
active participation of factions in the
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formation
and
activities
of
the
parliamentary chamber, and the work of
factions regulates the activities of the
Legislative Chamber.
A faction is an association of deputies in
parliament formed to express a single
position on issues under consideration by
the chamber, which must be officially
registered, act as an organizational unit of
the Legislative Chamber, and carry out joint
activities to achieve the goals and interests
of parties.
The parliaments of many countries have
legally strengthened the independent
status of political party factions. In
particular, Article 160 (Part 1) of the Swiss
Constitution states: “Every member of the
Federal Assembly, every parliamentary
faction ... may submit their legislative
initiatives to the Federal Assembly”.
According to the French Constitution, the
initiators of the adoption of a new federal
law may be deputies of both houses of the
Federal Assembly, parliamentary factions,
as well as executive bodies represented by
the Federal Council[20].
Kazakh scholar S.Shakirbaev rightly points
out that today the development of
parliamentarism continues in the following
areas:
strengthening
the
role
of
parliamentary
factions
and
other
parliamentary associations as representing
the will of politically oriented groups of
voters; to ensure broader and more
effective oversight functions of the
parliament within the framework of the
current Constitution, etc.[21].
As can be seen, similar processes are taking
place in our country. One of the
contentious issues in parliamentary law is
the question of the deputy’s responsibility
and accountability to the party and the
electorate. Is the deputy primarily
responsible to the political party that
nominated him or her, or to the voters who
elected him or her?
An interesting position on this issue is
stated by Russian professor V.V.Lapaeva.
She believes that deputies should
represent the interests of the people as a
whole, not individual political parties[22].
In our opinion, the deputy is equally
responsible and accountable to both
entities. This is because if a political party
nominated a deputy, the electorate voted
in favor of his or her candidacy.
Another issue is that, for a number of
objective and subjective reasons, we
believe that the reduction in the number of
deputies who are members of a faction
should not affect the status of a political
party in parliament[23]. The practice of
dissolving a political party faction can be a
serious obstacle to ensuring the principle
of pluralism in parliament when a political
party has met the criteria for forming a
faction based on the election results and
the number of deputies in the faction is
declining.
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However, it should be noted that in 2019
the situation arose as a result of
amendments to the Law of the Republic of
Uzbekistan “On recalling a deputy of the
local Council of People’s Deputies, a deputy
of the Legislative Chamber and a member
of the Senate”. According to Article 1 of the
law, one of the grounds for recalling a
deputy is that the deputy has not fulfilled
his obligations to the political party that
nominated him as a candidate. An official
proposal of a political party is required to
consider recalling a deputy.
However, such a proposal of the party does
not mean that a decision on the recall of a
deputy shall be made automatically in
advance. This issue is first studied by the
Legislative Chamber, and only then
according to the results of voting, a deputy
can lose or retain his deputy status. The
Legislative Chamber must notify in writing
of the acceptance of the proposal to recall
the deputy. At the same time, when
considering the issue of recalling a deputy,
he has the right to meet with voters, to
participate in voter meetings, sessions and
meetings of the representative div, and
to speak in his defense. The recall of a
deputy shall be carried out by the voters of
the constituency where he was elected by
voting in accordance with the procedure
established for the election of a
deputy[24].
Thus, on the basis of the party’s proposal,
a vote can be taken to recall the deputy, in
fact, to deprive him of his deputy status.
The scientific literature is based on the idea
that the recall of a deputy is a set of legal
norms governing the relations of citizens
with the adoption of public policy decisions
on the early termination of deputy activity.
Voting on this issue is a form of direct self-
government of citizens, which exists both
as an element of the imperative mandate
and as a form of legal responsibility[25].
In our opinion, the institution of recalling a
deputy (senator) should be amended for
the following reasons. First, since we
became an independent state, this
institution has never been used in our
country, which indicates that it does not
have enough mechanisms. Second, the
recall of a deputy in many ways limits the
independence and initiative of the deputy,
making him dependent on the party
leadership
and
the
party
faction.
Therefore, it is important here, on the one
hand, to preserve the independence of the
deputy, on the other hand, to ensure party
discipline.
Naturally, we are not in favor of
abandoning this institution, as there is
strong evidence of its usefulness. The very
existence of this institution serves as a
“prevention” for deputies, preventing
them from forgetting their responsibility to
the political party and the electorate.
A number of foreign experts criticize this
institute. In their opinion, recall is an
unacceptable situation for a deputy, it
loses
its
attractiveness
in
the
representative div, and the exercise of
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the right to recall a deputy means a review
of the election results[26].
We consider this view to be unapproved.
First, in most countries, parliament is multi-
party in structure. Modern parliaments
either do not have the institution of
independent candidates for deputy at all
(especially in countries where, under
electoral law, political parties have a
monopoly on nominating candidates) or
their numbers are extremely low. The
popular position that “there can be no
parliamentarism
without
political
parties”[27] applies both to the method of
forming the parliament and to the
formation
and
functioning
of
the
parliament, which has a decisive advantage
over party factions.
On the other hand, renewing parliament in
this way is a good tool for maintaining
parliamentary
efficiency,
allowing
electorate to directly monitor the work of
the candidate of their choice. The exercise
of the right to recall a deputy of a
representative div of state power can
lead to parliamentary instability, as this
institution is used in exceptional cases and
has the property of individual application.
The experience of a number of foreign
countries shows that this institution is
characterized
by
recall
without
undermining democracy.
The existence of the institution of recalling
a deputy who has not justified the trust is
an important guarantee for the electorate,
as it regulates the relationship between
the electorate and the deputy. Electorate
may deprive a deputy of the mandate
entrusted to him, in which case the deputy
shall be recalled by the voters of the
constituency in which he was elected.
Thus, the faction of a political party is the
most important organizational form of the
party’s activities aimed at achieving the
goals and objectives set for it through the
parliamentary structure. The nature of the
faction based on the universality of this
institution should be considered first,
together
with
the
concept
and
characteristics of the political party, whose
main mission is important in the
participation of parties in decision-making
and control over the activities of state
bodies. The activity of deputies in factions
is directly related to the political party and
is based on the status of their
parliamentary mandate.
REFERENCES
1.
Ernazarov D. Z. The New Strategy of
Political Parties in the Parliamentary
Elections in Uzbekistan //Eastern
European Scientific Journal. – 2014. –
№. 2.
2.
Rahat G., Hazan R. Y., Katz R. S.
Democracy and political parties: On the
uneasy
relationships
between
participation,
competition
and
representation //Party politics. – 2008. –
Т. 14. – №. 6. – С. 663-683.
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November 30, 2021 |
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