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Local legislation refers to the power and process of local legislative bodies making laws in the form of ordinances and resolutions. Effective local legislation is a collaborative process involving the local legislative body, executive branch, and civil society stakeholders, resulting in laws that promote development objectives. Key aspects of effective local legislation include institutional efficiency of the legislative body, a clear legislative process, and laws that enable citizens to achieve better development outcomes.
Local legislation refers to the power and process of local legislative bodies making laws in the form of ordinances and resolutions. Effective local legislation is a collaborative process involving the local legislative body, executive branch, and civil society stakeholders, resulting in laws that promote development objectives. Key aspects of effective local legislation include institutional efficiency of the legislative body, a clear legislative process, and laws that enable citizens to achieve better development outcomes.
Local legislation refers to the power and process of local legislative bodies making laws in the form of ordinances and resolutions. Effective local legislation is a collaborative process involving the local legislative body, executive branch, and civil society stakeholders, resulting in laws that promote development objectives. Key aspects of effective local legislation include institutional efficiency of the legislative body, a clear legislative process, and laws that enable citizens to achieve better development outcomes.
Local legislation can be understood in two ways: as power and as a process. Local Legislation as power - Local legislation refers to the power of a local legislative body to make rules in the form of ordinances and resolutions of local application that have the force and efect of law. Local Legislation as a process - Local legislation is the interaction of the local legislative body with the executive branch, civil society including constituents, nongovernmental organizations and the private sector resulting in ordinances and resolutions that promote the development of a local government unit L!"#. $he products or outputs of this interaction are ordinances and resolutions. 2. Why is local legislation important? Local legislation is important because it is a powerful, vital tool for: addressing the problems of the citizens of the L!" promoting the general welfare and development of the L!" and its citizens attaining the vision of the L!" for its citizens 3. Who makes local legislation? Local legislation is a participatory process. %t ac&uires legitimacy and social acceptability though the involvement of stakeholders in the L!". %n this context, stakeholders are groups, organizations and individuals who have a 'stake( in or whose interests will be afected by the process of making laws or policies. Local legislation is made by key stakeholders in the L!": the sanggunian or local legislative body the local chief executive, including local government executives the constituents the civil society organizations, nongovernmental organizations, and people(s organizations the private sector and other interest groups Legislative authority at the local level is vested in the sanggunian or the local legislative body. $he sanggunian is a collegial body, composed of a group of individuals elected to represent the people(s interests. %t has the power to enact ordinances, approve resolutions, and appropriate funds for the welfare of the L!" and its inhabitants. $he )**) Local !overnment!overnment +ode vests legislative power to the sanggunian at diferent levels of local government: ,angguniang -anlawigan for provinces ,angguniang .ayan for municipalities ,angguniang -anlungsod for cities ,angguniang .arangay for barangays %n the autonomous regions of the country, legislation is made by the regional legislative assemblies, e.g. /egional Legislative 0ssembly of the 0utonomous /egion in 1uslim 1indanao. 4. What is efectie local legislation? 2fective local legislation is a collective and participatory process. %t refers to the interaction o! the sanggunian or local legislatie "ody #ith the e$ecutie "ranch and ciil society resulting in legislatie actions that promote the deelopment o"%ecties o! the &'(. +ivil society includes the private sector, nongovernmental organizations 3!4s#, people(s organizations -4s#, civil society organizations +,4s#, and constituents. $he participation of these individuals and groups is essential to ensure the legitimacy and social acceptability of ordinances and resolutions enacted. $o be efective, local legislation re&uires three elements: 0. %nstitutional e5ciency $he sanggunian is a public institution. Like any other organization, it must have e5cient structures and systems. %t must have people who can do their 6obs well because they know their roles and functions. 0n e5cient legislative organization must have the following: organizational structure rules of procedure legislative leadership legislative committees legislative support system, and mechanism for legislative-executive coordination $he presence of ade&uate and functioning structures and systems make the legislation process or cycle e5cient and open to participation from stakeholders outside the legislative organization. 7or instance, ordinances cannot be enacted without rules of procedure8 or thesubstance of draft ordinances cannot be enhanced by 3!4s without sanggunian committees to get their views and perspectives. 0s an institution tasked to carry out a public mandate, the sanggunian must have a clear understanding of the vision and mission of the L!" unit to which it belongs. 0s well, its work must be guided by a clear process that de9nes the role of diferent stakeholders in each stage or phase. .. Local legislation cycle or process Legislative 0genda 7ormulation +rafting of 4rdinances and /esolutions 2nactment of 4rdinances and +odes of 4rdinances 2valuation of the %mplementation of 4rdinances 0t each phase, various stakeholders in the L!" interact with the sanggunian to ensure that measures produced address the development ob6ectives of the L!". +. :evelopment :evelopment is a goal and an end of local legislation. :evelopment is the sustained capacity to achieve a better life. 7or a nation or community, having a better life means that citizens have a higher life expectancy and en6oy a higher &uality of life regardless of age, sex, gender, religion or ethnicity. ;uality of life involves: a# the capacity to do, and b# the capacity to be. "nderlying these capacities is the freedom of choice. <ence, development is also about expanding the range of choices of people. Local legislation is considered an efective tool for good governance and results in ordinances and resolutions that enable citizens to achieve a better life or development. Local legislation is efective if it contributes to the attainment of the community(s shared vision and results in poverty reduction, gender e&uality, environmental protection, peace and unity, accountability and transparency of local o5cials, and active participation of citizens in social, economic and political transformation. ). What is a legislator? 0 local legislator or sanggunian member is generally understood to be: a lawmaker or a person who makes laws, and a member of a local legislative body with the power to make laws. <owever, the local legislator is more than a lawmaker. <e or she =wears many hats> or in other words is expected to perform a variety of roles in the community ? as a leader, overseer, facilitator and institution builder, among others. *. What does it really mean to make la#s? $he power to make laws or legislative power means three things: political power, police power and taxing power. +olitical po#er is the power to enact laws providing for the establishment, organization and operation of the local government. +olice po#er is the essence of what government does8 it is the power to enact laws to promote peace, health, safety and welfare. ,a$ing po#er is the duty to levy and collect taxes to raise revenue to pay for government operations, including salaries of local government o5cials and personnel. -. What are .nternal /ules o! +rocedure? 4rder is essential to the successful conduct of business of deliberative bodies. 7or the sanggunian, order can be achieved by implementing a set of rules agreed upon by all members, known as the %nternal /ules of -rocedure. $hese rules allow for the orderly conduct of deliberations as well as formulation and approval of decisions. $hese rules enable sanggunian members to articulate their thoughts, reconcile con@icts and diferences, determine the will of the ma6ority, and take action. .nternal /ules o! +rocedures 0./+1 0 document containing a set of procedural rules that governs the orderly transaction of business and de9ning the duties and responsibilities of the o5cers during the conduct of meetings. 1ust be adopted by the sanggunian in the 9rst regular session following the election of the members of the sanggunian and within *A days thereafter. $here are 9ve principles to consider in the implementation of the %/-. $hese are: ). courtesy and 6ustice to all B. consider one topic at a time C. the ma6ority rules D. the minority has a right to be heard E. fairness to all and partiality to no one 0n important element of the %/- is parliamentary procedure or the manner of conducting business in a deliberative body. %t ensures orderly discussion and decision-making in the sanggunian through the use of motion. 0 motion refers to a proposal of a member of the sanggunian for consideration of the body. $o understand the types of motions and how to use them, the sanggunian may use as reference /everendo :ihan(s <andbook on Local Legislation )**F#. 2. What is a &egislatie Agenda? 0 key indicator of efective local legislation is the capacity of local legislators to analyze the problems and concerns of the community, aggregate these, and focus eforts to address them in the context of available resources of the community towards local development. $his is essentially what formulating a legislative agenda is about. 0 legislatie agenda 0&A1: is a package of priority legislative measures designed to support local development priorities, particularly those de9ned in the executive- legislative agenda 2L0#. serves as the road map to guide the sanggunian in identifying, analyzing and formulating solutions to problems and issues re&uiring public policy action. is a list of prioritized ordinances and resolutions for enactment during a speci9ed period, usually three years, contributing to the attainment of the L!" vision and mission. $he L0 is a tool for ful9lling the sanggunian members( mandate as elected representatives of the people and is useful for: organizing and prioritizing the work of the sanggunian ensuring convergence of the L0 and 2L0 setting clear performance targets of the sanggunian educating the people on the work of the sanggunian assessing the performance of the sanggunian 3. What is the diference "et#een an ordinance and a resolution? 0n ordinance is a local law that prescribes rules of conduct of a general, permanent character. %t continues to be in force until repealed or superseded by a subse&uent enactment of the local legislative body. 0 resolution is a mere expression of the opinion or sentiment of the local legislative body on matters relating to proprietary function and to private concerns. %t is temporary in character. 14. What are 5ommittees? $o get work done in an e5cient and timely manner, the sanggunian must organize itself into work groups or committees. &egislatie 5ommittee is a group tasked by the body or assembly to consider, or investigate, or take action in regard to, certain matters or sub6ects of public interest. 6tanding or +ermanent 5ommittees are tasked or assigned a continuing function and usually remain 'standing( or existing co- terminus with the life of the body that created them. $hese committees are created for the purpose of: ). ordinance or resolution sponsorship B. undertaking public hearings on proposed measures in aid of legislation C. legislative review and referrals 6pecial or Ad7hoc 5ommittees are created to perform an ad-hoc or speci9c task that does not fall within the 6urisdiction of a standing committee. $hey cease to exist upon completion of its assigned task. 11. What is 5odi8cation? +odi9cation is the process of collecting, classifying and supplementing the ordinances of a local government unit. %t is a complete and systematic process in the sense that the end product is a new enactment ? a code. $his code when 9nally adopted by the sanggunian embodies all the ordinances, past and present, and future of the local government unit and is therefore the repository of the body of rules and regulations which lay down policies and institute guidelines for proper enforcement of these rules. 12. What are the steps in codi8cation? 5ompilation - $he gathering and collating of all existing ordinances of a province cityGmunicipality. $he 9les in the secretary(s and governor(sGmayor(s o5ces should be the best source of these ordinances. 4ther possible sources of ordinances which are kept on 9le are in the o5ces of the treasurer, the 9scal, health o5ce, and the provincial sanggunian in the case of cities or municipalities. &isting - 0 listing of ordinances follows the compilation. $his listing will inform the codi9er and his staf what ordinances are )# missing B# amended C# repealed or D# obsolete. %t is important that all ordinances of the province, municipality or city should be accounted for in the process of the listing. 5lassi!ying - +lassi9cation is the process by which the ordinances are categorized according to the sub6ects treated in the ordinance. $his is the 9rst step toward grouping ordinances under the same or similar sub6ects for eventual assignment to speci9c chapters in the code. /eision ? $he provision of the ordinance should be reviewed for de9ciencies, languages and applicability with the end in view of making the language of the provisions to be included in the proposed code to be as simple, clear and accurate as possible. /evision is the re- examination of the provisions of an ordinance and to restate the provisions in a correct and improved form. %t includes the weeding out of obsolete or inactive provisions in the existing ordinance. 6upplementation ? ,upplementation takes place after the code has been 9nally drafted and enacted by the sanggunian. ,upplementation of the code is made through ordinances of the sanggunian intended to supply a de9ciency in an existing provision, or add, amend or modify such provision. 13. Why do #e need to codi!y? $here are many compelling reasons to codify, some of which are: Ful8ll a community o"ligation. %t is the duty of every province, city, municipality or even barangay to maintain its laws in a comprehensive, up-to-date and understandable form in a location that the average citizen can 9nd and use. Aoid con!usion and ensure accurate interpretation..y compiling our basic ordinances and all amendments into one up-to- date document, we eliminate the need to refer to many separate documents. $he most current information will be easily accessible. 9liminate hours o! !rustrating research. 0 +ode is a single reliable resource for our elected and appointed o5cials, enabling them to respond accurately to &uestions and provide certi9ed copies &uickly and e5ciently. 6upport en!orcement. 0 +ode is a practical and e5cient tool for our courts, police authorities and other enforcement o5cials, enabling them to enforce our laws with con9dence and consistency. +lan !or the !uture. 0 +ode provides a clear view of existing situations and makes it easier to determine the impact of proposed changes and amendments. 14. What are some e$amples o! a codi8cation? $he 9rst civilization to codify its laws was ancient .abylon. $he 9rst real set of codi9ed laws, the +ode of <ammurabi, was compiled circa )HIA .+ by the .abylonian king <ammurabi, and is the earliest known civil code. .esides religious laws such as the $orah, important codi9cations were developed in the ancient /oman 2mpire, with the compilations of the Lex :uodecim $abularum and much later the +orpus %uris +ivilis. $hese codi9ed laws were the exceptions rather than the rule, however, as during much of the ancient /oman laws were left mostly uncodi9ed. $he 9rst permanent system of codi9ed laws could be found in +hina, with the compilation of the $ang +ode in +2 IBD. $his formed the basis of the +hinese criminal code, which was then replaced by the !reat ;ing Legal +ode, which was in turn abolished in )*)B following the Jinhai /evolution and the establishment of the /epublic of +hina. $he new laws of the /epublic of +hina were inspired by the !erman codi9ed work, the .Krgerliches !esetzbuch.L)M 0 very in@uential example in 2urope was the 7rench 3apoleonic code of )FAD. 0nother early system of laws is <indu law framed by 1anu and called as 1anu ,mriti. $he use of civil codes in %slamic ,haria law began with the 4ttoman 2mpire. ) %n our modern times, almost all existing governments have their own codi9cations or set of laws codi9ed such as: +ivil +ode, Labor +ode, 0dministrative +ode, /evenue, 2nvironmental +ode, etc. NNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ) From Wikipedia, the free encyclopedia Reference: a# Local Legislators( $oolkit prepared by the -hilippines-+anada Local !overnment ,upport -rogram L!,-# b# !uide on Local Legislation, published by the Local !overnment :evelopment 7oundation, )**F 7or a deeper and broader understanding about local legislation, click the link below: Local LegislatorsO Pit