c) The definition of the rules of protocol and
precedence
Very often, the lightnesies recorded in the relationship
between the Executive and the Legislature come from nonthe respect from the
rules and protocols. Indeed, this problem generally arises compared to the
official statutes members of the legislative Body.
The relationship between the Parliament and the Ministry for
Foreign Affairs is not defined. They should touch questions relating to: the
framing of the diplomatic activities of the Parliament; management of the
foreign missions near the Parliament; the support with the members of
Parliament on mission and their capacities and quality in the negotiation of
agreements or conventions in the name of the Haitian State.
In comparison with the Haitian legislation on the matter,
there is not lawful framework of these reports/ratios. This is why the need so
that a protocolar ceremonial is introduced makes feel. It is as urgent as any
form of discrimination between the members of these two capacities is
dissipated.
B- The management of the relationship between the
Legislature and the Jurisdictional Capacity
a) Legislative power and Supreme court of appeal
The Supreme court of appeal is the highest authority of the
judicial power. The members of the Court are named by the Head of the State on
recommendation of the Senate of the Republic.
Article 180 of the constitution stipulates that:
«The Supreme court of appeal comes to a conclusion about the
conflicts of attributions, according to the mode regulated by the
law».
This article misses precision as for the businesses whose
Court could seize office. Because there are two other authorities which have
these same attributions: Higher Court of the Accounts and the Administrative
Dispute and Commission of Conciliation.
Moreover, the relationship between the Legislature and the
Legal one are not regulated. In our legal system there is no Constitutional
Court; thus the problems of unconstitutionality of the laws are dealt with by
the Supreme court of appeal according to article 183 of the constitution.
However, article 183-1 of this same constitution gives to the Legislature
faculty to interpret the law.
b) Legislative power and Higher Court of the Accounts
and the Administrative Dispute
The Parliament plays an important part in the formation of the
CSC/CA Indeed, the members of the aforesaid the Court are named directly by the
Senate of the Republic. (cf Art 200-6). The Higher Court of the Accounts and
the Administrative Dispute shares the responsibility for the administrative and
financial control of the State with the Parliament. This one, in its
constitutional attributions, examines the report/ratio of the CSC/CA on the
general accounts and comes to a conclusion definitively about any question of
discharge.
The CSC/CA does a technical work and to this end has the
executives which know each other there. However at the Haitian Parliament,
there is not a body of auditing of accounts and expertise. The report/ratio of
the CSC/CA is submitted to the sanction of the committee of supply and/or that
of the commission of discharge which presents at its turn, after a detailed
study, a report/ratio with the Parliament. The decision of the Parliament being
sovereign, is not likely of any recourse. This situation grants a
decision-making power on a technical question to a political body.
Actually, the concept of independence of the capacities is
badly included/understood and badly directed in our system. The deficiency of
laws adapted to our new political régime blocks considerably the
development of the harmonious relationship between the capacities.
All in all, the rules of procedure of the Haitian Parliament
have too many gaps and weaknesses not to raise problems with regard to the
operation of the internal bodies, and the management of the relationship with
the other capacities. The absence of legislation adapted to the new Haitian
political system and the inconsistency noted in the practices of the capacities
of the State contribute to the emergence of conflicts on both sides. From the
point of view of a better organization of parliamentary work and effective
institutionalization for the Haitian Legislative power, the next chapter will
consider the options which could be used as tracks of solutions for a new
design of the regulation and exercise of the Legislative power in Haiti.
Chapter II: A new approach of the organization of the
Haitian Legislative power
One is unanimous to recognize that by fear of an Executive
totalitarist, the constitution of 1987 establishes a strong and omnipotent
Legislature: having a permanent control on the executive power. Moreover, this
one cannot, to in no case to carry out its dissolution.
The Legislatures which followed one another since the charter
of 1987 did not profit from a democratic culture which would support a mode of
internal organization adequate, as well as harmonious relationship with the
external capacities.
Not to betray the spirit of the components of 1987, we need
obviously a mode of organization of the Parliament which fulfills the
requirements of the hour. Thus we will consider in this chapter two prospects.
The first will take account of the rules of procedure as tallies of essential
reference to the correct operation of the Parliament; and the second will
consider a parliamentary law like complement with the payments and guide of
management and orientation of the legislative power.
Section 1. An organization by payments
Admittedly, the Haitian Parliament exerts its constitutional
mission under the terms of certain rules and well defined principles which
treat the questions relating to its organization and its operation. However,
the gaps and the problems recorded or raised in the preceding chapter enable us
to approach this section in two aspects which could in the case of be used as
tracks new rules of procedure for the Haitian Parliament.
A- Payments taking account of Haitian realities
better
Here, it is not a question for us to make a study in
sociological matter, but contrary to carrying our considerations on
parliamentary practices during three last legislatures taking into
consideration rules of procedure. Thus, to answer Haitian realities, it is
first of all necessary to be questioned on the relevance of an ideal text and
then on its adaptation to the Haitian context.
a) Contents of an ideal text
It is known pertinently that there is no applicable universal
receipt in all the cases. However, from the doctrinal point of view and
according to the development of the parliamentary system, one can get along on
certain fundamental points of which any rules of procedure cannot occur.
It is important to remember that each Room is main of its
rules of procedure. Those are restrictive since they are applicable only to the
Parliament which adopted them. Indeed, the rules of procedure are the essential
framework which defines in clear terms and precis all the questions relating to
the operation and the organization of all the parliamentary structures.
The payment determines the rules of organization and operation
of the office of the Parliament, those of the commissions, the parliamentary
political groups and any other body of the legislative power. It specifies
their attributions, their mode of composition, their duration and their
relationship with the assembly and outside.
It is in the rules of procedure that one finds the general
procedures with the legislative process, the organization of the meetings and
the determination of the provisions of the parliamentary Parliament. In the
exercise of the prerogatives of control or legislation, the rules of procedure
establish the procedures to be followed for each particular question.
The rules of procedure answer the constitutional orders. This
is why in France, for example, they are submitted to the Constitutional Court
which comes to a conclusion about its conformity with the law mother.
In addition, the rules of procedure give directives on the
organization of the services of the parliamentary Parliament, i.e., the
administrative services, the financial services and the engineering
departments. The parliamentary Parliament is purely political, should be
associated to him administrative and technical competences. It is the
Secretariat-general which, in.liaison.with the office of the Parliament,
manages all the questions of an administrative and financial nature. For the
parliamentary personnel, i.e., the experts and high contractual frameworks,
their treatments concern directly the office of the Parliament under
recommendation of the commissions and/or the Parliament.
Lastly, the rules of procedure organize the process of
exercise of the supervisory powers of the Parliament on the Government. All the
questions concerning the programme or the declaration of general policy of the
government are taken there into account for the setting concerned of the
governmental responsibility. Thus the Parliament proceeds by questions oral,
written, boards of inquiry and interpellations which could lead to motions of
censure which lead to the resignation of the government. This competence widens
until the sasine of High the Court of Justice where the responsibility for the
Head of the State can be blamed and its dismissal pronounced in accordance with
the constitutional provisions.
b) Contents of a text adapted to Haiti
In addition to the above-mentioned fundamental elements, the
rules of procedure must reflect the constitutional aspirations and lie within
an adequate scope taking account of political, social and economic
realities.
It is important to remember that the components of 1987 did
not require more than one change of mode by making Parliament the true capacity
representative of the people. Thus they wanted that the Parliament becomes the
most place of the debates on the national life (1).
The conditions of eligibility evoked by articles 91 and 96 of
the constitution do not entitle us to draw up the profile of the configuration
of the Parliament. For that of the corrective measures must be brought in the
organization and the operation of this one.
_____________
1. CLAUDE, Brace: COp, city, p 21
Indeed, on the political level, it will be necessary to manage
to put adequate structures for operation of the political blocks within the
Parliament. The system of representativeness proportional must integrate the
rules of procedure. Following the example constitution, the rules of procedure
must privilege the dynamism of the co-operation and participation of the
organized groups. The representativeness proportional of the political blocks
in the composition of the bodies of the Parliament must be a well defined rule.
Thus there would be less difficulties in the choice of the members of the
aforesaid bodies, and one would solve at the same time the question of their
dysfunction for fault of quorum or that of the irregularities in the schedules
of work.
The Haitian members of Parliament come in major part of the
middle class. However, there exists between them too much of variations as
regards formation. With the 46ème legislature of the Haitian Parliament,
the majority of the elected officials are leaders of basic groups. What
explains a certain ignorance of the parliamentary protocolar rules. The rules
of procedure must be a groundwork corresponding to the general standards of the
parliamentary statute. They must highlight the disparities and circumvent them
by the establishment of a service of assistance at the parliamentary commitees
and the elected officials: a technical service of support. The members of
Parliament must be subjected to fixed hours of work and a diary
including/understanding all the questions which will be put under discussion in
the plenary meetings.
As a representative of the people and Republic, the member of
Parliament must be able to get certain goods necessary and suitable to his
statute. It is inconceivable that the treatment reserved for a member of
Parliament is extremely tiny taking into consideration its statute. However the
parliamentary function should not be a sure means to grow rich.
In Haiti, an elected official is always in difficulty when it
must treat with his constituents. This is why, not being able to answer the
various requests of the inhabitants of its locality, it is obliged to remain
with the capital instead of going in its district. The Office of the Deputy and
the senator created by the payments cannot solve these problems. On the
contrary, it will increase them. The payment must define a financial mode
adapted to Haitian realities for purposes to control the assets and the
expenditure of the members of Parliament.
B- Payments taking account of the Haitian political
system better
The Constitution of 1987 gives us a political system having an
Executive with two heads: a President of the Republic, chief of the executive
elected by the direct vote for all in the majority absolute of the voices and a
Prime Minister, chief of the government resulting from the majority part at the
Parliament, which must have a comfortable majority for the application of its
program of general policy. However, the originality of this system presents
certain points of shades for which it is necessary to bring precise details by
the means of the payments.
a) Constitutional constraints of the Haitian political
system
In addition to the constraints concerned with the dynamism of
the relations between the executive power and the legislative power, it should
be stressed those which result from the constitution of 1987.
Indeed, the constitution of 1987 fact injunction to the Head
of the State to choose its Prime Minister within the parliamentary majority.
That implies that very first Minister will profit from a functional majority at
the Parliament which will support its program of government. However, the law
is not clear on the nature of this majority. Moreover, the Prime Minister is
responsible before the Parliament. The cohabitation of the Head of the State
with a Chief of Government which can be of another party or political sector
constitutes a strong point of the new Haitian political system and which the
Parliament must manage with perspicacity.
The Head of the State is elected under a base programming
science which could be disorientated if the chief of the government is not his
political party. However, both divide the queens of the executive power
according to article 133 of the Constitution:
«The executive power is exerted
by:
a) The President of the Republic, Head of the
State
b) The Government having at its head a Prime
Minister «
Article 161 as for him grants to the Prime Minister and to the
Ministers the privilege to enter to the Rooms to support the bills and to
present the objections of the President of the Republic. In the reports/ratios
with the daily newspaper, the President is a discrete character who is not
responsible by front the Parliament but which takes care of the respect, the
execution of prescribed constitution and the stability of the institutions.
The constitution of 1987 establishes a single mode of poll for
all the electoral levels: direct vote for all. In addition, the structures and
the stations are high and expensive. The frequency of the elections polarizes
energies and the means. It weakens the political actors who must every two
years mobilize the electorate, thus leaving side of other fundamental
institutions to the democratization of the country.
The Deputy or the Senator must safeguard his mandate. Also it
exerts pressures on the Executive for the realization of projects in its
district- It is a guarantee for another mandate since it is indefinitely
re-eligible- the member of Parliament must find means legal to be left there.
It is in the payments alone that it can seek to solve these difficulties. The
payment is not a contradictory text with the constitution but it supplements it
by establishing an ideal framework of operation of the Parliament by taking
account of the requirements of the political system recommended by the
constitution.
b) Payments adapted to the constitutional
constraints
The new regulation of the Haitian Parliament must bring clear
and clear answers on ambiguities of the Haitian political system. Indeed, it is
necessary to reorganize the bodies of the Parliament and to create new
commissions for purposes to reduce parliamentary work and to make the
Parliament much more productive while performing with effectiveness its
constitutional functions.
The bodies of the parliamentary Parliament constitute the
backbone of the Parliament. All the delegations of the legislative power are
allotted to its bodies. A good organization in their mode of composition and
operation is a guarantee for the stability of the institution.
Nevertheless, the former payments of the Haitian Parliament
had not taken into account the stakes which these bodies in the legislative
process represent. They had created them and in fact they are create without
holding account in their composition of the various political currents present
at the Parliament.
The new Rules of procedure of the Parliament must make it
possible the political parties to play their partition within the bodies of the
Parliament in accordance with the constitution. Moreover, the constitution of
1987 recognizes the power of the political parties, which must build a majority
at the Parliament. The formation of the political blocks is the first step
having to lead to a representativeness within the bodies of the Parliament.
The mode of composition of the bodies of the Parliament must
be done under a rational base: according to the proportionality of the
parliamentary groups and because of the importance of these bodies in the
legislative process. Thus the office of the Parliament will be made of a
president who does not belong to any parliamentary group and other members
reflecting the configuration of the political blocks.
In addition, the payment must also determine precedences with
regard to the composition of the various standing committees, it to avoid any
confusion at the time of the choice of its members. With this new regulation,
the choice of the Members of the Commissions will be done because of the
political affiliation of the member of Parliament; and any defection within a
block will be able to lead to a new composition of the affected commission.
This composition must reflect the numerical importance of the parliamentary
groups and take account of the presence of independent with the Parliament.
For a correct operation of the parliamentary commitees, the
distribution of the presidencies must be stopped by the rules of procedure and
no member of Parliament must be member that of only one commission. It is
necessary to carry out the recasting standing committees and to define their
fields of competence expressly. For example one will be able to reduce the
standing committees to six (6) within each Parliament such as:
1o) Standing committee of Finances, Administrations and
Public office, Foreign Affairs, Planning and External Co-operation;
2o) Standing committee of the Social Affairs, Public
health and of the Population, Female Conditions, Human, Haitian Rights of
overseas;
3o) Standing committee of the Economy and Work, Industry,
Trade, Tourism, Energy and Resources
4o) Standing committee of Agriculture, Environment, Land
reform, Public works, Transport and Communication;
5o) Standing committee of the Interior, Defense, Justice
and Police force
6o) Standing committee of Education, Sports, Youth,
Elimination of illiteracy, Culture, Worships and Information.
In addition, the payment must comprise certain clauses being
able to allow a climate favourable with a good management of the meetings of
the Parliament. They would concern:
1o) Duration of the debates and the speaking time on any
question;
2o) The time of adoption of the law deposited at the
Parliament;
3o) Schedules of work of the commissions;
4o) The fixing of the current businesses and businesses of
the day: hours and order of the current businesses and businesses of the
day;
5o) Decorum with the Parliament;
6o) Precedences in the interventions with the
platform...
However, the rules of procedure cannot with him only solve all
the problems of operation and organization of the legislative power. Each Room
is main of its payments. Thus the common provisions to both Rooms cannot be
found in the rules of procedure, from where the need for having a law tallies
relating to the exercise of the legislative power.
Section 2. An organization by the parliamentary
law
The field of the payments is too restrictive for the
realization of the legislative power. Article 120 of the constitution of 1987
stipulates that: «... No bill becomes law that after being
voted in the same form by the two (2) Rooms». The Senate and
the House of Commons share same legislative attributions. It is consequently
necessary to harmonize the interparliamentary relationship between the two
Rooms. The Haitian political régime imposes a collaboration between the
executive power and the legislative power for the democratization of all the
institutions of the country. The regulation of these reports/ratios requires a
parliamentary law then as tallies of reference.
A- Advantages of a parliamentary law
The parliamentary law can be considered on two advantageous
aspects compared to the rules of procedure: from the lawful point of view, it
goes beyond the rules of procedure which can vary from one Room to another.
a) The legal authenticity of a parliamentary
law
The parliamentary law is the work of the Legislature.
Admittedly, but the Executive has a right of objection. These two capacities
are thus implied directly in the implementation of the legislative process.
With its general and impersonal range, the parliamentary law is higher than the
rules of procedure. It is taxable with the two Rooms like with the Executive.
It is quasi intangible. Any amendment or abrogation must have the assent of the
two capacities or at least that of the senate and House of Commons. While the
rules of procedure relate to only the Room which adopted it.
b) Extent of the law compared to the
payment
The parliamentary law can lie within a total scope of
regulation of the exercise of the legislative power. It will be able to tackle
any question which escapes the field properly lawful whose Assemblies have to
treat, namely:
1o) the organization and the operation of the Parliament:
composition, duration and power of the parliamentary Assembly; questions
relating to the legislative elections, of the holidays,...
2o) general procedures relating to the vote of the law and
parliamentary control;
3o) the parliamentary statute: rights, preferences and
immunities; incompatibilities of function, conflicts of interests,...
4o) penal provisions;
5o) interparliamentary relations;
6o) the financial mode of the Parliament, treatment of the
various political groups within the Parliament, in particular allowances of the
members of Parliament,...
However, these provisions can be taken again by the rules of
procedure. But taking into account its general characters implying the two
capacities, Exécutif and Legislature, it is desirable that they can be
the subject of a parliamentary law.
B- Outline on the contents of a parliamentary
law
In certain countries, in Canada for example, in addition to
the rules of procedure; the Executive and the Legislature stop a law
institutionalizing the legislative power. It is in this law that one finds all
the questions relating to the interparliamentary reports/ratios and those
relating to the relationship between the executive power and the legislative
power with regard to the legislation and parliamentary control.
In Haiti, until now we do not have this lawful framework which
could allow a better harmonization relationship between these two official
authorities. Also we in our study propose some elements which could be thorough
if the constitutional authorities would manage to include/understand the need
for legislating on the exercise of the Haitian legislative power.
a) Questions relating to the interparliamentary
relations
The Haitian Parliament is bicameral. Out of matter
législatrice the two Rooms have same competence. No law can be
promulgated if she had not been voted by the two Rooms. The parliamentary law
would regulate the legislative process on the level of the two rooms.
Everyone recognizes that the to and from of the law between
the two Rooms do not facilitate a good management of the work of the
legislature. With an aim of respecting the constitution, it is necessary to
take suitable measures to improve the legislative process. Thus we recommend
the creation of several permanent bicameral commissions on the detailed study
of certain projects or private bills. From this point of view, one should
have:
1o) a permanent bicameral commission in order to examine
all treated, agreements, conventions or contracts subjected to the ratification
of the French National Assembly and interesting several standing
committees;
2o) a permanent bicameral parliamentary commitee in order
to examine the budget of the Republic;
3o) a special bicameral parliamentary commitee in order to
examine the files of the Prime Minister subjected to the
ratification...
The creation of these three commissions would not betray of
anything the spirit and the letter Haitian constitution of 1987. On the
contrary, it would support a releasing in work of the legislature and the
legislative process would be more flexible and less heavy.
Nevertheless, it would be illusory to believe that the current
bodies of the Haitian Parliament, that it is with the House of Commons or the
Senate of the Republic, are appropriate for the application of such
measurements. It is necessary to create a body of connection between the two
Rooms to facilitate their reports/ratios. The parliamentary law would determine
the framework of operation and organization of this structure of connection
like administrative body of the French National Assembly. This body could be
called: Secretariat-general of the Parliament. It would
have at its head a Secretary-general and two assistant Secretaries of which one
will be attached to the Lower House and the other with the Upper House. The
mode of designation of its members and its fields of competence would be
defined by the parliamentary law and the rules of procedure.
b) Questions relating to the relations between the
Parliament and the Executive power
The legislative power has to make laws and to exert a control
on the management of the public affairs. It accompanies the Executive in the
democratic process. The relationship between the Executive and the Legislature
is not reports/ratios of force and confrontation. They should rather represent
the frank collaboration required by the constitution.
It is illusory to think that the Haitian Parliament always
held its role in the development of the democratic process instituted by the
Haitian political system recommended by the constitution of 1987. In addition,
the governments which followed one another since 1987 ever contributed to the
creation of a space supporting the correct operation of the Parliament.
Our democratic training requires enormous sacrifices for its
survival. The constitutional requirements request each day the will of the
Executive and that of the Legislature to develop harmonious reports/ratios.
The Government results from a parliamentary majority. This one
is elected by the vote for all. It is carrying the desideratas of the people.
It is not obvious that one benefits from the weakness of the other. Only a
perfect coordination of their actions will bring the change so much desired and
claimed by the nation.
The harmonization of the relationship between the legislative
power and the executive power requires a corridor of communication between
these capacities. From where importance of a structure of connection between
the Parliament and the Government. Also recommend we for a permanent structure
of management of the relationship between the Executive and the Legislature the
following elements:
1o) the creation of a unit, within each ministry, in
charge of the parliamentary affairs;
2o) the creation of a technical and administrative office
of Legislative the Executive reports/ratios including/understanding of the
members designated by the three entities of these capacities.
3o) the creation of a governmental structure in charge of
the relations with the Parliament having at its head an official representative
of the Prime Minister and Government.
We recommend that these bodies are the object of the
parliamentary law. Indeed the installation of such structures would have the
virtue to better harmonize the relationship between the executive power and the
legislative power. It would put dynamism in parliamentary work. These relations
could extend until operation from the various bodies from the Parliament: the
Conference of the presidents would meet thus regularly with the official
representative of the Prime Minister. The Ministers would have the possibility
of entering each day to the Parliament to explain to the members of Parliament
their policies and projects.
All in all, all these considerations and recommendations would
be pious wishes if there is not a better internal organization of the Haitian
Parliament. This is why it is imperative to restructure the Parliament by
equipping it with a new regulation which would specify the composition and the
operating mode of the bodies of the Parliament, the role of the political
groups in the legislative process and of control of the government. This
regulation would reinforce the technical supports at the commissions and with
the members of Parliament, the cohesion of the work of the two Rooms would
support and would harmonize the relationship between the Legislative power and
the Executive power.
CONCLUSION
Two currents fed the parliamentary system: one monist, who
recommends a flexible cohabitation between the legislative power and the
executive power; and the other dualistic one, which chooses a strong Executive
with the detriment of the Legislature.
In one or the other of the currents, the Parliament as an
institution requires a legal framework of operation and organization. The rules
of procedure are stopped by the parliamentary Parliament like an instrument
organizing all the structures within the Parliament by determining the
procedures to adopt on any question coming under its responsibility.
The absence or the inadequacy of the rules of procedure at the
Haitian Parliament constitutes a major problem for the blooming of the
political system established by the constitution of 1987. The weak assessment
of work of the Parliament results mainly from its bad internal management, the
gaps of the rules of procedure, nonthe consolidation of parliamentary political
blocks, of the absence of technical and administrative structures and a
corridor of official communication between the legislative power and the
executive power.
Consequently, one needs not only one rules of procedure
adapted to Haitian realities and the constitutional requirements, but also a
parliamentary law for the regulation of the interparliamentary reports/ratios,
those existing between the Legislature and the Executive and of any question
not being able to belong to the rules of procedure of the Parliament.
The objective of our work is to sensitize the proper
authorities on the need for taking measures so that there is a new approach in
the regulation of the Haitian legislative power for purposes to arrive at a
good management of parliamentary work and at a harmonization of the
relationship between the Legislature and the Executive.
The inconsistency repeated in work of the 46ème Haitian
Législature is thus the resultant of the weaknesses and gaps of the
rules of procedure with regard to its adaptation to sociopolitic and economic
realities of the country. For an effective operation of the Haitian Parliament,
one needs the revision of its payments and the vote of a law institutionalizing
the Haitian Legislative power.
Actually, the payments of the 46ème Législature
of the Haitian Parliament made certain modifications in its internal
structures. However, those effectively do not fulfill the missions which were
assigned to them. The creation of the office of the deputy in his district and
that of the senator in his department is a considerable load for the State.
These offices do not contribute to the promotion of the statute of the members
of Parliament. On the other hand, they absorb a broad part of the budget
allocated at the Parliament, while the Parliament suffers from a deficiency of
experts and senior executive being able to help the commissions and the members
of Parliament with better apprehending the questions which are subjected to
them. Also we ask why not assign this money to an office of legists and
advisers parliamentary, which can be envisaged in an organization by payments
of the parliamentary institution.
Moreover, the antipathy noted in the relations between the
Parliament and Government handicap the development of the political system
recommended by the constitution of 1987. The principle of the separation of the
capacities must become a reality. The rules of procedure cannot solve this
problem. One needs a legal or legal instrument more effective for the
regulation of the relationship between the legislative power and the executive
power, namely a law. The law will be able to look further into all the
questions escaping the field from the rules of procedure.
In addition, it is necessary to improve the Haitian
legislative process by the reorganization of the internal structures of the
Parliament. In their composition, all the bodies of the Parliament must be the
object of a rational compromise, according to the political configuration and
of the digital representation of the political blocks within the Parliament.
Thus one will avoid the sterile discussions in the plenary meetings, and the
assembly will be able to decide with discipline and within a short time on a
provided question which it was already discussed with the Conference of the
Presidents.
Lastly, the Haitian Legislative power needs, in the immediate
future, of a law tallies of operation. It is paradoxical to note that the
Parliament did not apply this old proverb: «Well ordered Charity
starts with oneself». Also we recommend the creation of a Joint
Committee (Legislative Executive) for the development of a parliamentary
preliminary draft of law.
BIBLIOGRAPHY
A- Official documents
1- Haitian official documents
- Constitution of the Republic of Haiti of 1987 (the Monitor
# 36, Tuesday 28-04-87)
- Constitution of the Republic of Haiti of 1983 (National
Presses of Haiti, 1983)
- Electoral law of the Electoral Council Provisional 1995
(the Monitor # 13, Tuesday 14-02-95)
- Rules of procedure of the House of Commons (45ème
Legislature, June 11, 1991)
- Law carrying new rules of procedure of the Senate (June
1996)
2- Foreign official documents
- Payment and other rules of procedure (National Parliament
of Quebec 1994)
- Payment of the Senate of Belgium 1995
- Payment of the Room of the Representatives of Belgium
1995
- Payment of the French Senate, 11th ED. , January 1996
- Administrative payments of application of the parliamentary
law of Canada, August 1993
- Payment of the French French National Assembly, 11th ED.,
November 1995
- Collections of decisions concerning the parliamentary
procedure (National Parliament of Quebec, 1995)
B-works
- BASTIT, Michel: Birth of the modern law, Paris,
P.U.F, 1990, 389p
- BURDEAU, George et al.: Constitutional law, 24th ED.,
Paris, coll Handbooks, L.G.D.J., E.J.A, 1995, 730p
- CADART, Jacques: Political institutions and
constitutional Law, volume 1, Paris, 2nd ED., L.G.D.J, 1979, 625p
- CADART, Jacques: Political institutions and
constitutional Law, volume 2, Paris, 2nd ED., L.G.D.J, 1980, 1368p
- CHATELET, François et al.: History of the
political Ideas, 3rd ED., Paris, coll THEMIS, 1982, 348p
- CLAUDE, Brace: Constitutions and Power struggles in
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