How Our Laws Are Made
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HOW OUR LAWS ARE MADE 52nd LEGISLATURE of LIBERIA Joint Legislative Modernization Committee This program is made possible by the generous support of the American people through the United States UNDERSTANDING THE Agency for International development (USAID) under Award No. 669-A-00- 09-00090-00. The opinions LEGISLATIVE PROCESS expressed herein are those of the authors and do not necessarily reflect the views of USAID or the United States Government. LAW SENATOR A general body of rules and An individual elected to represent a TABLE OF CONTENTS regulations officiated by authority. county and to make decision on Laws are generally found in behalf of his constituents. constitutions, legislation, and judicial opinions. SPEAKER OF THE HOUSE AND DEPUTY SPEAKER Foreword………………………………….…………….1 LEGISLATURE The presiding officer of the House of An officially elected body of people Representatives elected from and by vested with the responsibility and the membership of the House at the power to make laws for a political beginning of each legislature. Introduction……………………………………………. 2 unit, such as a state or nation. QUORUM PLENARY A quorum is constituted by the The Liberian Legislature ……………………….….. ..2 A plenary is a legislative sitting that simple majority of the membership of takes place within each house of the the House or Senate (or 50% + 1 of Legislature. It is also the highest the membership.) A quorum must be How a Bill becomes a Law…………….……………..4 decision making body in the present in order for either house to Legislature. conduct business. Checks and Balances………………………………..11 PUBLIC HEARING VETO Session at which citizens or experts To veto is to reject or to refuse to present their views on a specific sign a bill from the Legislature. This matter to a government body. is the “check” that the executive Glossary……………………………………….……. 13 branch has on the powers of the PRESIDENT PRO-TEMPORE legislative branch of government. A Temporarily; literarily, for the time. veto can be overridden by a 2/3 vote The term is used particularly to apply in each of the Houses of the to a temporary presiding officer of the Legislature. Senate. He or she is elected by members of the Senate to serve as the Chief Administrator of the Senate. SECRETARY OF THE SENATE The administrative officer of the Senate responsible for the day-to-day operations of the Senate and its departments. Also assists President Pro-Tempore in administering the affairs of the Senate. 15 occurs when the House of COURT Representatives or the Senate A body in government to which the FOWARD convenes as a Whole, for the administration of justice is delegated. purposes of receiving information or An institution of government We are pleased to present this manual on Liberia’s legislative process acting upon a bill. established to administer the civil developed in partnership with the National Democratic Institute (NDI). and criminal law. Members of the 52nd Legislature of the Republic of Liberia are committed DEMOCRACY to improving the quality and effectiveness of the legislative process. COMMITTEE REPORT Political system in which the people The text of a bill or resolution and its share in directing the activities of As representatives of the Liberian people, legislators are the eyes and required attachments that is prepared the state, as distinct from ears of their constituents; they debate and adopt legislation to benefit all when the measure is reported from a governments controlled by a single Liberians, and exercise oversight over the executive branch of committee for further consideration by class, select group, or autocrat. government. In taking the oath of office, legislators commit themselves the members of the chamber. The definition of democracy has to uphold and defend the Constitution and laws of the Republic of Liberia been expanded to describe a and to conduct their responsibilities faithfully. CONCURRENCE philosophy that insists on the right Concurrence occurs when one house and the capacity of a people, acting of the Legislature (Senate or House) either directly or through This manual is intended to provide an overview of the steps a bill goes approves a bill that was passed in the representatives, to control their through on its way to becoming law. Every citizen should be well other house. When the originating institutions for their own purposes. informed about the legislative process to increase understanding of news chamber votes to accept, or concur reports and discussions around the work of the legislature and to with the amendments made by the ENGROSSED increase the meaningful input of citizens in democratic government. opposite chamber. The stage in a bill’s legislative progress when it has been passed An open, transparent, and inclusive legislative process is one of the CONFERENCE COMMITEE by the chamber in which it was filed cornerstones of any democracy. In Liberia, the legislative process has A conference committee is composed and all amendments to the bill have been designed to give all sides an opportunity to be heard and share of a number of legislators from each been incorporated into the text of their views. The fact that a bill cannot become law without the passage house of the Legislature who meet in the bill, which is then forwarded to of both the Senate and the House of Representatives and approval of the to forge one version of similar Senate the second house for President is also a component of the inclusive approach to lawmaking in and House bills. The final conference consideration. Liberia. committee version must be approved by both houses of the Legislature. ENROLLED This manual was designed as part of the modernization process of the The stage in a bill’s legislative Legislature. Our special thanks to the President of the Senate, President CONSTITUENT progress when it has been passed Pro-Tempore and members of the Senate; and the Speaker and A citizen residing within the district of by both chambers of the legislature Members of the House of Representatives for their support and an elected legislator. in identical form and is prepared for leadership in this process. signature by the presiding officers CONSTITUTION of both houses. If a bill is not A written instrument embodying passed in identical form by both the fundamental principles of the houses, any changes made by the Republic that guarantees powers and opposite chamber must be J. Nanborlor F. Singbeh, Sr. James R. Kaba, Esq. duties of the government and certain accepted by the originating SECRETARY CHIEF CLERK rights of the people. chamber or a conference Liberian Senate House of Representatives committee report must be adopted CONSTITUTIONAL AMENDMENT by both chambers before the bill A change to the Liberian Constitution. may be enrolled. 1 14 INTRODUCTION GLOSSARY In Liberia there are three branches of government: the Legislative, Executive, and Judiciary. The Legislative branch is responsible for making laws, ACCOUNTABILITY CHAMBER exercise oversight and represent the Liberian people. The relationship between government The place in which the Senate or and citizens, acknowledgement and House of Representatives meet. The Executive branch enforces and carries out laws after they have been assumption of responsibility for Also, a generic way to refer to either passed. The Executive branch is made up of the Presidency, ministries and decisions, actions, and policies, in house of the Legislature. agencies. light of agreed expectations, such as an agreement between an elected CHIEF CLERK The Judicial branch is composed of courts including the Supreme Court and official and his/her constituents. The chief administrative officer of the other subordinate courts. The Judiciary branch of government interprets the House of Representatives. The chief law. clerk is the custodian of all bills and AMENDMENT Together these three branches of government create a system of “checks An amendment is a formal proposal resolutions in the possession of s/he and balances” that ensures that no one branch of government is too to change the language of a bill, a the House, is responsible for keeping powerful, as illustrated in page 12. law, or a constitution. Any proposed a complete record of bills introduce alteration to a bill or resolution as is and all subsequent house actions moves through the legislative taken on them throughout the process. Amendment to a measure legislative process. Coordinates the THE LIBERIAN LEGISLATURE may be proposed by members in their operation of the various departments assigned committees or by any of the House. The Liberian Legislature meets at the Capitol Building in Monrovia. The member of a chamber during that Legislature is made up of two chambers: the Senate and the House of chamber’s second reading or third CITIZEN Representatives, and presently there are a total of 94 members. reading consideration. An individual, who is a naturalized or The Senate: The Senate currently has 30 members, two Senators from each native-born resident of a state, county, regardless of its size. The Vice President of Liberia serves as the BICAMERAL displays allegiance to that state’s President of the Senate. The Senate also elects a President Pro-Tempore A legislature consisting of two political and legal authority, and who who presides over the Senate in the absence of the President of the Senate houses, such as the Senate and is therefore entitled to the rights and and serves as the chief administrator. House of Representatives. protections of its laws, including the right to political participation. The House of Representatives: The House of Representatives is currently BILL COMMITEE composed of 64 members. The membership of the A bill is a proposed law introduced on Committees are composed of a small House is currently based upon the number of the floor of either chamber for number of legislators, and are registered voters found in each electoral district in consideration by lawmakers.