UNIVERSITY Of STATE Of HAITI

ECONOMIC SCIENCE AND FACULTY OF LAW

PORT-AU-PRINCE, HAITI

DES REGLEMENTS INTERIEURS POUR LE PARLEMENT HAITIEN

RULES OF PROCEDURE FOR

HAITIAN PARLIAMENT

Memory presented and supported by the student :

Gineaud LOUIS

For obtaining the rank of bachelor of law.

Under the direction of the Professor Henri Mr. DORLEANS

June 1998

Promotion 1991-1995

TABLES OF CONTENT

Pages

List Abbreviations vii

Foreword viii

Introduction 1

First Part : Contributions of the rules of procedure in the organization and the operation of the Parliament 5

Chapter First : Roles of the rules of procedure in the Parliamentary Assemblies 6

Section 1. Genesis and Evolution of the parliamentary Assemblies 6

Saw first parliamentary Assemblies 7

has) Assemblies of Athens 7

b) The Romain Senate 8

c) English Parliament 7

D) - the French French National Assembly under Ancien Régime 9

B Modern parliamentary Assemblies 11

has) Parliamentary Assemblies in the parliamentary system 11

b) The parliamentary Parliament in the American presidential mode 15

c) the parliamentary Parliament in the Mixed Modes 16

Section 2. Basic rules for the operation of a Parliament 19

A- Some general considerations on the rules of procedure 19

a) The draft Regulation 19

1. The committee of preparation 19

2. Development and texture of the project 20

3. The report/ratio with the Plenary assembly 20

b) The entry into force of the payment 20

1. The vote of the payment 20

2. Adoption of the payment 20

3. Publication of the payment 21

c) The legal authenticity of the payment 21

1. The value for the Parliament 21

2. The place of the payment in the hierarchy of the standards 21

B- Contents of the Rules of procedure 23

a) Rules on the organization interns Parliament 23

1. Bodies of the Parliament 23

1.1 The office of the parliamentary Parliament 23

1.2 Parliamentary commitees 25

1.3 Parliamentary groups 26

1.4 Parliamentary personnel 26

2. The parliamentary discipline 27

2.1. The parliamentary statute 27

2.2. Meetings 28

2.3 Quorum 28

2.4 Sanctions 28

b) Rules on the procedure 29

1. Presentation of the law 29

2. The initiative of the law 29

3. The examination of the law 29

4. The debate and adoption of the law 30

Chapter II: Haitian Parliament and its Payments 31

Section 1. Parliamentary Structures in Haiti 31

A- The organization of the Parliament in the past 31

) the monocameralism in Haiti has 31

1. Organization of the Legislative power in the Haitian monocameralism 32

1.1 The Senate of 1806 to 1816 32

1.2 The House of Commons of 1964 to 1986 33

2. Relationship between the Legislature and the Executive 33

2.1 Reports/ratios under the Republic of Pétion 33

2.2 Reports/ratios under the mode of Duvalier 34

b) Haitian bicameral system 35

1. Bicameral Legislative power 35

1.1 Composition 35

1.2 Elections and Mandates 36

1.3 Attributions and operation 36

2. Relations between the Parliament and the Governments 37

2.1 Legislative power with the profit of the Executive 37

B Parliament in comparison with the Constitution of 1987 38

has) Haitian Legislative power 38

1. House of Commons 38

1.1 Elections and Mandates 38

1.2 Conditions of eligibility 39

2. Senate of the Republic 39

2.1 Elections and Mandates 40

2.2 Conditions of eligibility 40

b) Exercise of the Legislative power 40

1. House of Commons 41

2. Senate of the Republic 41

3. Of the French National Assembly 42

Section 2. Rules of procedure of the Parliament since 1987 43

A- First payments 43

a) Payments of the Senate 43

1. The framework of reference of the Senate of the Republic 44

2. Practices of the senatorial assembly 44

b) Payments of the House of Commons 44

1. The framework of reference of the payments

interiors of the House of Commons 45

2. The payment of the deputies of the 45ème Legislature 45

B them payments of the 46ème Legislature 47

has) The law of June 1996 carrying new

rules of procedure of the Senate 47

1. Innovations brought to the Senate by the text of 1996 48

1.1 Senatorial institution 48

1.2 Privileges of the Senators 48

1.3 Conference of the presidents 49

1.4 Parliamentary groups 49

1.5 Commissions 49

2. Withdrawals or abrogations of the rules of procedure of the Senate 50

2.1 Employees of the Senate 51

2.2 Delegations 51

2.3 Mode of voting 51

b) The interior draft Regulation of the House of Commons 51 1. Innovations in the organization and it

operation of the House of Commons 52

1.1 Bodies of the House of Commons 52

1.2 Relationship with the Executive 52

1.3 The technical council of framing 53

1.4 Office of the Deputy 53

Second Part: Payments adapted to

requirements of the Haitian political system 55

Chapter I: Considerations on the problems arising from the imperfections

and gaps of the rules of procedure of the 46ème Legislature 56 Section 1. Problems encountered in

working procedure Haitian Parliament 56

A- Weaknesses in the internal structures 57

a) Faulty operation of the bodies of the Parliament 57

1. The office of the Parliament 58

2. Standing committees 58

3. The conference of the presidents 59

b) Inexistence of certain fundamental structures 60

1. Commission of conciliation 61

2. Commission of press and public relations 61

B Problems encountered in the legislative procedure 62

a) Difficulties in the application of the rules of procedure 63

b) Problems in the operation of the Parliament 64

1. Meetings of the Parliament 64

2. The vote 65

3. Quorum 66

4. Validity of the vote of the Parliament 66

Section 2. Problems encountered in the relations

between the Parliament and the other Capacities 67

The management of the relationship between the Legislature and the Executive has 68

a) The ratification of the Prime Minister 68

1o) The case of Ericq PIERRE 69

2o) The case of Herve DENIS 69

b) The control of the governmental action 70

1o) Questions 71

2o) Interpellations 71

3o) Preliminary investigations 72

c) The definition of the rules of protocol and precedence 72

B- The management of the relationship between the Legislature and the Jurisdictional Capacity 73

a) Legislative power and Supreme court of appeal 73

b) Legislative power and Higher Court

accounts and Administrative Dispute 74

Chapter II: A new approach of the organization of

Haitian legislative power 77

Section 1. An organization by payments 78

A- Payments taking account of Haitian realities better 78

a) Contents of an ideal text 78

b) Contents of a text adapted to Haiti 80

B-of the payments holding count of the Haitian political system better 83

a) Constitutional constraints of the Haitian political system 83

b) Payments adapted to the constitutional constraints 85

Section 2. An organization by the parliamentary law 88

A- Advantages of a parliamentary law 89

a) The legal authenticity of a parliamentary law 89

b) Extent of the law compared to the payments 89

B Outline on the contents of a parliamentary law 90

has) Questions relating to the interparliamentary relations 91

b) Questions relating to the relations between the Parliament

and Executive power 93

Conclusion 96

Bibliography 99

List Abbreviations

BPOPL : Parliamentary block Political Organization Lavalas

STOCK : The Provisional Electoral Council

GPI : Group Independent Parlementaire

FDSE : Economic Science and Faculty of Law

FDSEG : And Economic Science Faculty of Law of Gonaïves

L.G.D.J : Bookstore General of Right and Jurisprudence

UNDP : Program of the United Nations for the Development

P.U.F : University presses of France

U.S.A : The United States of America

USAID : American agency for the Development International

FOREWORD

During our cycle of studies in Legal Sciences to the Economic Science and Faculty of Law, we planned to prepare a subject on the Humans right and Civic Education in Haiti. But in May 1996, we were called at the Office of the Prime Minister like In charge of Mission to the legislative businesses. It is for this reason that we had taken part in a Legislative Workshop of Reflection Executive, under the patronage of the UNDP and the USAID.

We were amazed in the way in which the Canadian, Belgian, French Members of Parliament... exposed with ease their political systems and their parliamentary procedures. All was well arranged so that the Capacities maintain the harmonious reports/ratios. While, the Haitian Representatives were in the embarrassment to approach the current situation because they did not get along on the fundamental and elementary questions relating to the relationship between the Legislative power and the Executive power in the political system established by the constitution of 1987.

Noting these difficulties, we decided to rather choose to consider the importance of the rules of procedure in the organization and the operation of the Haitian Parliament.

The Parliament has a dominating role in the Haitian democratic process. It is him which can make counterweight with the executive power. As we believe as it is convenient to provide lawful and legal foundations for a better management of the exercise of the legislative power.

We claim by no means to present a perfect work. The difficulties in the research tasks for an adequate documentation failed to discourage us. This memory is the result of many efforts and sacrifices which we agreed in order to present a work useful to any person interested in the exercise of the Haitian legislative power in the new political system of the constitution of 1987.

Without the contest and the assistance of other people we would be far from achieving our goal. We want to testify our gratitudes towards our director to memory, the honourable professor Henri Mr. DORLEANS, who placed at our disposal his know-how and his critical spirit. It is the occasion to thank our professors for the FDSE which, under difficult conditions, knew to make watch of professionalism in all objectivity to guide us on the path of the law and the law.

We thank grandpa Louis Honore PIERRE and Me Alix RICHARD who much encouraged us and supported, without forgetting to Me Philippe CANTAVE who accompanied us in our research.

We also thank our tender mother, Mrs. Branche LOUIS, born Marie Viergine CHRISTMAS who sacrificed herself so that we are what we are today. We cannot forget our brothers: Guy Robert, Roosevelt and Jean Patrick.

Lastly, we dedicate this memory to all the Members of Parliament of the 46ème Législature of the Haitian Parliament, like with any person eager to become member of the Haitian Legislative Body.

INTRODUCTION

The absence of a democratic culture in Haiti and the originality of the political system established by the constitution of 1987 make very difficult the operation of the Parliament. Who worse is, the legislative power cannot claim to have succeeded in giving itself a particular statute enabling him to fill with effectiveness and coherence its tasks constitutional.

Today the country is with its third Legislature under the aegis of the Constitution of 1987. One of the fundamental problems of the Haitian Parliament remains the question of the rules of procedure. Any organized structure needs a minimal framework for its correct operation. It is in its devices that all the principles are registered, the standards, the procedures to be followed for the harmonization of the work of the institution.

One of the first tasks of any institution as the Parliament is to obtain rules of procedure. At the fact, the 44ème Législature sat only for five (5) months and did not leave an acceptable payment taking into account the controversies raised around its political legitimacy. The 45ème, for its part, worked out a text, but the political economic situation of then had constrained the members of Parliament not to apply them. To defend oneself, they supported on many occasions that the Coup d'etat of 1991 had created a special situation and that it was necessary to direct by special decisions. The rules of procedure, in fact, were not respected by the 45ème Législature.

The 46ème Legislature, as for it, profits in one way or another from a political stability which not only enables him to have its rules of procedure but also to apply them. However, we approach towards the end this Legislature and the Parliament functions on the basis of payment of the 45ème Législature with all its gaps and its weaknesses.

The inexistence of rules of procedure to the Haitian Parliament or their nonapplication can handicap his administrative organization and to carry damage to the exercise of the legislative power such defines by the Constitution of 1987. This creates a disorder in the organization of parliamentary work and prevents the State from fulfilling with effectiveness the missions which are assigned to him by the Constitution and the laws of the Republic.

The hesitations, the improvisations, indiscipline, the inconsistency noted in practice parliamentary in Haiti since 1988 constitute the principal motivation of our questioning on the importance of the rules of procedure. Fault of those the Parliament will not be able to answer its mission suitably first: to legislate.

The weak assessment of parliamentary work as well as the imperfections already recorded in the legislative production invite us to study the role and the importance of the rules of procedure in the interparliamentary relations and the relationship between the Executive power and the Legislative power.

For the realization of our work we regarded as starting assumptions that :

- the absence or the inadequacy of the rules of procedure harms parliamentary work and does not facilitate the resolution of the conflicts within the Parliament.

- the inefficiency of parliamentary work and the variations recorded in the legislative procedures are caused by the absence of rules of procedure or their nonapplication.

- the inadequacy with the political system recommended by the Constitution of 1987 is a major handicap for the future of the democratic process.

These assumptions will be studied thoroughly by considering operation, the organization of the foreign Parliaments and that of the Republic of Haiti. Thus, our work includes/understands two parts. The first consists in the presentation of a general framework of institutionalization of the parliamentary Assemblies and fundamental elements of any rules of procedure: (Chapter First).

Another very particular consideration will be made on the various Haitian monocamérales and bicameral parliamentary Assemblies, like on the rules of procedure of the three (3) last Legislatures: (Chapter second).

These two chapters are divided into two sections which correspond directly to the choice that we had made in the title of our first part, namely; «Contributions of the rules of procedure in the organization and the operation of the Parliament».

The second part of this memory will relate to the urgency to have: «Of the payments adapted to the requirements of the Haitian political system». Actually, the Constitution of 1987 gives rise to a new political régime where a great number of capacities of the Executive is transferred to the Legislature. However, since 1988 Nos three (3) Legislatures did not know to give means for the exercise of the legislative power, amongst other things of rules and suitable procedures.

The critical analysis of the payments of the 46ème Législature reveals notorious gaps and weaknesses compromising the correct operation of the Parliament. The questions relating to the bodies of the Parliament, the legislative procedures, the relationship with the other capacities... will be treated in the two sections of the first chapter of the second part.

The second chapter of this part will tackle the question of the operation of the 46ème Législature from the point of view of recasting of the rules of procedure in order to adapt them to the political system recommended by the Constitution of 1987 by putting in report/ratio Haitian realities with the constitutional constraints. It will also consider the parliamentary law as tallies institutional of the legislative power being able to tackle any question which escapes the field from the rules of procedure.

We used several methods for the realization of our work. In the first part we combined the historical method with the systemic method. While in the second part we proceeded by an analytical and comparative approach. All shows that the Haitian Parliament is not as well as possible of its organization and its operation. Too many variations were raised between the Haitian Parliament and the other Parliaments which evolve/move in the system of representative democracy.

FIRST PART:

CONTRIBUTIONS OF the RULES OF PROCEDURE IN the ORGANIZATION AND the OPERATION OF the PARLIAMENT

Chapter first: Role of the Rules of procedure in the Parliamentary Assemblies

The theory of the separation of the capacities entrusts the exercise of the legislative function to a body distinct from the Executive. The Parliament is invested national sovereignty. It exerts a double function: that of legislative Parliament and that of Controlling authority of the executive power.

In this chapter we are interested to make an evolutionary consideration of the Assemblies of the people at the Parliament and we will show the importance of the rules in the organization and the operation of the parliamentary Assemblies.

Section 1. Genesis and Evolution of the parliamentary Assemblies

The parliamentary assembly is codépositaire national sovereignty. How it was established among the Nations ? Which are its capacities? Which is thus its place in the contemporary democratic system? Here are relevant questions and others still that this section will try to approach.

A- Outline of the first parliamentary Assemblies

a) Assemblies of Athens

From all the old Republics, Athens perhaps considered as most democratic by its mode of sociopolitic organization. In Athens, there were not true legislative institutions. The legislative power was delegated to the people by the means of the Assemblies: the people, joining together all the social components, deliberated on almost any thing. However the lack of organization of this capacity led the people to make decisions compromising with the respect of the basic human rights seen that all that it decided was not likely of any recourse.

Thus, with the aim of regulate and to limit the power of the Assemblies, Solon A creates the Learned assembly, a supreme court having the capacity to hear all the businesses of the people and the role to remark the laws (1). It then established the Senate. This one had as tasks to prepare the bills and the other acts on which the people could be called to deliberate. The creation of the Senate and the Learned assembly, the modification of the conditions of the exercise of the voting rights which authorized only the old Athenian citizens to vote in the Assemblies could regulate the capacity of the people and institutionalize the legislative power in Athens.

________________

1. Mr. D. DALLOZ, Groin: Repertory of legislation, doctrines and jurisprudence, T. 18th ED. Dalloz, Paris, 1870, p 246

b) The Romain Senate

In ancient Rome the division of the deliberating Assemblies was done in classes, tribes, centuries, curies... The people treated all the businesses which one did not fail to subject to him in these Assemblies.

The creation of the Senate by Romulus reinforced the authority of the legislative Parliament considerably. Its organization, its power, the statute of its members made of Rome the headlight of the Nations in what milked with the development of the theory of the separation of the three capacities.

As of year 625, almost all the social categories are represented with the Senate. The Senate was renewed every five years and the Senators were subjected to special laws which regulated the incompatibilities with their functions as being able of the State. Thus all the power of the people or all the power of the Assemblies was transferred to the Senate.

c) English Parliament

The political organization of England supported the emergence of the Parliament, body representative of the assemblies of the people. As of the beginning, almost all the Counties were represented there. The English Parliament was divided into two rooms : laic and ecclesiastical pars, and representatives of the Counties (1).

_______________

1. GICQUEL, Jean: Constitutional law and political institutions, Paris, ED Montchrestien, 1985, p 184

The feudalism established by William the Conqueror in 1066 influenced the evolution of the Parliament much. In 1265, thanks to the coalition of the nobility and the middle class against the abuses the royal capacity, the English instituted the parliamentary capacity. The Parliament was convened by Edouard Ier in 1295. In 1642 the civil war burst and the Parliament had to await the advent of Guillaume III with the throne to exert indeed its functions in a true representative mode (1).

Towards the end of the XVIIème century, the Parliament intervenes systematically in the walk of the country by the vote of the laws and the control exerted on the Ministers (2). From 1640-1649, the separation of the capacities started to become a rule in England. The exercise of the legislative power is assured completion by the Parliament. Also becomes a counterweight with the royal power.

d) The French French National Assembly under Ancien Régime

In France, the Assemblies represented only one weak part of the population. They were convened since 1302 in order to institute the representative mode. At the beginning there was not the participation of the people in the great decisions of the country as we saw in the other old Republics. The general Assemblies of the nation were convened by the King and included/understood the Counts, the bishops and the most considerable authorities of the City.

__________________

1. GICQUEL, Jean: COp. city, p 184

2. DUVERGER, Maurice: Political institutions and constitutional law, 1 - great political systems, 16th ED. PUF, Paris, coll THEMIS, 1980, p 48

The irregularity in the operation of the representative Parliament obliges the King to create the Parliament. With the fact, they are the representatives of the cities and the villages elected in the primary Assemblies as deputy which met as an electoral Parliament to elect the Deputies of the Parliament. The payment of this Parliament was written by the King who at the same time determines the conditions of eligibility of the Deputies, the process of the vote, the statute and attributions of the Deputy, etc (1).

The acts of the French Parliament will be determining for the construction of the representative system : the principle of the separation of the capacities of the State was established. The legislative power is exerted by the Parliament and the King does not have on him any capacity of dissolution.

Of all that precedes, we see that the Assemblies of the people in the old Republics played an important part in the management of the public thing. Their lights guided rightly the political economists and the philosophers in the definition and the development of a new called democratic mode: parliamentary system. In this new political system their role became more dominating.

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1. Mr. D. Dalloz, Groin: COp, quoted p 257

B- Modern Parliamentary Assemblies

The principle of the separation of the capacities was highlighted in all the modern constitutions. The legislative power is exerted exclusively by the parliamentary Assemblies. However, the characteristics of the parliamentary Assemblies are fixed with the mode in which they evolve/move. Thus in the parliamentary systems, the mixed mode presidentialist and modes, the parliamentary Parliament is against being able.

a) Parliamentary Assemblies in the parliamentary system

The parliamentary system answers the need for the liberal democracy for developing. It recommends the separation of the executive power in two elements: Head of the State and Chef of the Government. The parliamentary perhaps monocamérale or bicameral Parliament. What characterizes this mode, it is the way in which the relationship between the executive power and the legislative power is organized.

The parliamentary systems as from the XIXème century evolved/moved according to two tendencies:

1o) The Dualism where the Executive has a right of dissolution on the Parliament, and contrary the government is not responsible before the Parliament;

2o) Monisme recommends a balance between the parliamentary majority and the government which results from this: the government is responsible collectively before the Parliament and this one can be dissolves by the Executive when the government is put in minority by the Room.

Today parliamentarism monist is confirmed more and more in almost all the States of Europe. However, the distribution of the capacities between the Head of the State and the Government specify the nature of the parliamentary system. It is the same for the responsibility for the government in front of the Head of the State. Let us take some examples : in England, in Germany, in Canada, with U.S.A, in France, in Italy...

1. The Parliament in the English majority parliamentary system

The English Parliament results from the majority poll to a turn. It includes/understands the House of Commons, elected by the direct and secret vote for all and the House of Lords, aristocratic and created by the King. The legislative power is exerted exclusively by the Parliament. Its power does not have terminals, also says one of him : «It can all change, except a man in a woman».

In England, the Chief of the parliamentary majority becomes automatically Prime Minister. He chooses his ministers within the Parliament. All the ministers are thus members of Parliament. However, the ministers have access only to the room of which they form part.

The Prime Minister has a homogeneous and stable majority at the Parliament which reinforces its power. But the parliamentary Parliament does not fulfill only the traditional functions of the legislative power, it provides also the framework in which the Opposition exerts its role fully. The Chief of the Opposition of today can become the Chief of the parliamentary majority of tomorrow (1).

1. DUVERGER, M: COp, city, p 276

Thus the two-party system recommended by England establishes a concentration of the capacities to the profit of the government which can resort only to the dissolution of the House of Commons when it is found in minority.

If dissolution is a means for the Government of making carry out a renewal of the Room at the time that it judges most favorable, the parliamentary Parliament, in the exercise of her constitutional prerogatives, remains a permanent controller of the acts of the Executive by the calling into question of the Government on her policy in front of the House of Commons.

2. The operation of the parliamentary Parliament in the controlled Democracy of Germany

The German Republic practiced a traditional parliamentary system in a democracy majority and proportional. The Parliament is composed of two rooms: the Bundestag which represents the Federation and Bundesrat which represents the States.

The Deputies are elected at the Bundestag for a four years mandate to the mixed poll : according to the principle of the proportionality, the voters have two votes on the ballot paper (1). The half of the Deputies are elected with the majority poll with a turn; and other half on a list of parties presented for each Land.

________________

1. DUHAMEL, Olivier: Democracies, Paris, ED. Threshold, 1993, p 144

The Parliament is bicameral, there is an unequal division of the capacity between the Bundestag and Bundesrat. This last does not have any capacity on the Chancellor and cannot take advantage of its right of veto out of legislative matter (1). The responsibility for the Government is questioned only before the Bundestag which gives him its vote of confidence or its motion of censure (2).

The German parliamentary Parliament grants serious capacities to the Chancellor who is also the Chief of the parliamentary majority. She meets as a special Parliament compound partly equal of Deputies of the Bundestag and the members elected to proportional of the provincial Diets to elect the President of the Republic.

The legislative function is shared according to a distribution of competences. Thus Bund holds the exclusive legislation in the matters which concern the sovereignty of the State; Länder are completely qualified for the local businesses. However, under the terms of the principle according to which the federal right breaks the federated right, Bund has a right of veto on the laws of Länder.

3. The parliamentary Parliament of Canada

Canada is a Federation of provinces. Each province is controlled according to a parliamentary system. The French National Assembly of Canada is elected by the vote for all. She is the meeting of all the Deputies of the Federation.

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1. DUVERGER, M: COp, city, p 307

2. DUHAMEL, O: COp, city, p 149

The parliamentary Parliament of Canada is composed of the French National Assembly and the Lieutenant governor who represents the Crown. The French National Assembly has a capacity of monitoring on all the acts of the government. She exerts the legislative power exclusively. The Chief of the majority party at the Canadian Parliament becomes the Prime Minister and chooses his ministers within the Parliament.

Canada practices a parliamentary system monist. The Prime Minister and his government are collectively responsible before the Parliament, and the Chief of the government can slice by the dissolution of the French National Assembly.

In the parliamentary system, the parliamentary Parliament assumes the legislative power in collaboration with the Government which it itself instituted. The Government is ensured of a stable majority the Parliament so that it lasts normally during the legislature. The parliamentary assembly is elected by the citizens. She is guarantor of national sovereignty. She exerts the legislative power and supervisory powers on the Government.

b) The parliamentary Parliament in the American presidential mode

The United States of America are the principal example of definition of the presidential mode. In this system the President is most important in the distribution of the capacity. The presidential mode of the United States is devoted since 1787 by the constitution. The president cumulates the function of Head of State and Chef of Government (1).

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1. BURDEAU, George: Constitutional law, 24 E ED. Paris, Manual coll, L.G.D.J, E.J.A, 1995, p 119

The legislative power is exerted by the Congress made up of the Room of the Representatives and the Senate. The members of the Room of the Representatives are elected with the majority poll with only one turn for one two years duration, while the Senators are elected for six years at a rate of two representatives per States.

The American Congress is invested important attributions. It votes the law and the budget in all autonomy. The president holds a right of veto on the laws which can be overcome only by one vote in the majority of two thirds in each Room. Thus one qualifies the presidential mode of the United States like a concentration of the authority for the benefit of the Head of the State (1). However, the Government is irresponsible and the insoluble Parliament.

In the presidential mode the Executive is monosépale. It draws its authority from a popular nomination. For this reason it is independent of the Parliament which cannot blame its political responsibility and that of its cabinet. The president and the Parliament assume a all the more essential collaboration as, elected by the people, they hold both a direct delegation of national sovereignty.

c) The parliamentary Parliament in the Mixed Modes

1. The parliamentary Parliament in the system presidentialist of France

The particular conditions of the attribution of the capacity and the constraints which the French mode establishes in the relationship between the legislative power and the executive power oblige us to present it like a mixed mode.

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1. GICQUEL, Jean: COp, city, p 209

The French mode recommends a majority presidentialism. The government is directed by the Chief of the parliamentary majority. In France the government is responsible in front of the French National Assembly. However the mode is asymmetrical. The president can dissolve the French National Assembly, while this one cannot revoke the president. It is a very powerful Executive which has weapons to make vote the law under the conditions which are appropriate to him: the Chief of the government holds a stable majority at the Parliament.

As aucuns describe the mixed mode of France as being strongest which is in democracy (1). That is due to wide capacity of the Head of the State which resorts to the referendum when the government is subordinate, dissolves the French National Assembly for him and controls the Constitutional Council by the designation of its members.

2. The parliamentary Parliament in Partitocratique Parliamentarism of the 1ère Republic Italian

Partitocratie is defined as the reign of the parties, the ones with the government, the others apart from the government but associated the development of the policy and the division of the stations (2).

It is a mode which recognizes with the Head of the State almost same attributions as in a parliamentary system : choice of the president of the Council which will have to be ratified at the Parliament.

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1. DUHAMEL, O: COp, city, p 182

2. Idem, p 198

The parliamentary Parliament is made up of two rooms: the House of Commons and the Senate. They share same attributions and each one of them can reverse the Government. The recruitment of one or other is done by the direct vote for all. The Deputies are elected with the list system to the representation proportional in each district and the Senators to the uninominal system and proportional on regional basis.

The Parliament legislates in a system strictly levelling bicamerist. The two Rooms last same mandate and are renewed jointly, except in the event of dissolution. The Parliament gives nomination to the government which is responsible in front of him. It actively controls the acts of the Executive by the establishment of the commissions. The president of the Republic can dissolve one of the Rooms or all the Parliament. He is thus consolidated in his capacity as in a presidential system with American.

3. The parliamentary PARLIAMENT in the Conventional Mode

This mode made of the right of dissolution a foreign body. It is an absolute contrast with the parliamentary system. Here the Executive is subjected and the Legislature is exalté: the government returns account to the Parliament like the servant to his Master. The Parliament replaces the Executive in the direction of the public affairs.

All in all, the operation of the parliamentary Assemblies in the various modes evoked up to now answers the need for the democracy for developing. However, this development cannot be realistic that in the definition of a framework of operation adopted by the Assemblies: the payment, which directs and simplifies parliamentary work in conformity with the constitution of the State and the political régime that she recommends.

Section 2. Basic rules for the operation of a Parliament

In spite of the provisions relating to operation of the legislative power enacted by the constitutions, it remains obvious that parliamentary, more effective work and to be well coordinated, must be regulated by provisions adopted by the Parliament.

A- Some general considerations on the Rules of procedure.

In his book of constitutional law, George BURDEAU includes the definition of RUZIE concerning the payment with knowing : «A resolution by which the Room which voted it fixes the principles of parliamentary work...» (1). That implies that the absence of rules of procedure is a handicap with the correct operation of the Parliament. But how is it presented in the Parliament? When it enters into force and which is its legal authenticity. Here are three considerations which we will make in the development of this part.

a) The draft Regulation

1. The Committee of preparation

With the re-entry of a legislature, the Parliament has car to organize itself. That there is payment or not, the Parliament must stop on a mode of organization and operation. Thus one creates a commission charged to write a draft Regulation or to present amendments at the initial payment.

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1. BURDEAU, G: COp, city, p 577

2. Development and texture of the project

The payment is usually presented in the form of a bill. It is divided into chapters, titles, sections and articles, with a preamble which expresses the direct ideas.

3. The report/ratio with the Plenary assembly

The commission charged to work on the payment, presents his report/ratio at the parliamentary Parliament and asks him to vote the payment by a resolution. Indeed, the payment is put under discussion as one proceeds for the bills before their setting to the vote.

b) The entry into force of the payment

1. The Vote

After the recommendations of the preparatory commission of the payment, the president of the Parliament the met under discussion. The debates are done on the form and the bottom until the construction of the Parliament. The payment is voted article by article and the members of the Parliament can propose amendments of them.

2. Adoption of the payment

The rules of procedure are adopted by the vote in the majority of the votes cast by the members of the Parliament. However for his amendment this majority can be specified by the text itself.

3. Publication of the payment

The rules of procedure are not subjected to the will of the Executive power for its publication. However in certain countries the Constitutional Council delivers its opinion on its conformity to the Constitution without what it would not know applicable being, therefore its publication could not be done. The payment is published in the Official Journal in the form of resolution like an act of the legislative power.

c) The legal authenticity of the payment

1. The value for the Parliament

The rules of procedure are the paramount element of the autonomy of the Assemblies. Each Parliament is main of her rules of procedure. It in a rational way specifies the organization of parliamentary work and its bodies. It constitutes a framework of reference. The establishment of the rules of procedure is done in conformity with the constitution and the laws.

2. The place of the payment in the hierarchy of the standards

The experiment of France under the mode of the constitutional laws of 1875 had shown that by the means of its payment which a Parliament could grant of enormous capacities that the constitution had not granted to him.

Until 1958, each parliamentary Parliament was main of her payment. July 27, 1947, Vincent Auriol declared in Edouard Herriot:

«I studied the means of giving satisfaction to the Parliament, unfortunately, the constitution absolutely does not envisage any means to make repeal the Articles of a Regulation of a parliamentary Parliament. Neither the French National Assembly, neither the Government, nor the President of the Republic can intervene in this matter; each Parliament is main of her payment» (1).

This independence excessive and compromising is thus specified by article 61 of the French constitution of 1958: «The payments of the parliamentary Assemblies, before their application, must be subjected to the constitutional council, which comes to a conclusion about their conformity with the constitution». Thus the payment specifies the methods of application of the constitutional provisions. It is not with the top of the law, on the contrary it is with its service by fixing the principles of its preparation until its promulgation.

The establishment of the rules of procedure takes account of the political régime recommended by the Constitution. It is the rampart of the procedures having to lead to the adoption of an act of the legislative power. It prevents with the Rooms from dissociating constitutional requirements and law. Thus the Parliament is obliged to modify her rules of procedure deeply each time there are of them points of shades with the laws of the country.

____________

1. GICQUEL, Jean: quoted COp, p 863

B- Contents of the Rules of procedure

The rules of procedure of each Parliament organize parliamentary and fixed work rules of procedures. It is by him that the Parliament has car-to organize itself. It is permanent and binds the Room as a long time as it was not amended (1). It determines not only the bodies of the Parliament by specifying their competences but also rules relating to the legislative procedures.

a) Rules on the organization interns Parliament

1. Bodies of the Parliament

The bodies of the Parliament are presented by the payment. They are regarded as a distribution of being able deputy for the good walk of the parliamentary institution. One generally distinguishes: the Office of the Parliament, Commissions, Groups political and parliamentary Personnel.

1.1 The Office of the parliamentary Parliament

The Office is the authority which ensures the direction of the debates of the Parliament and her general administration.

1o) Election of the Office

The Office is elected at the beginning of each legislature for one given duration. Its members are elected in the majority of the vote cast.

_______________

1. TURPIN, Domenica: Constitutional law, Paris, coll First cycle, PUF, 3rd ED, 1997, p 345

2o) Composition of the Office

The Office of the parliamentary Parliament is generally composed of:

- a president

- vice-presidents

- secretaries

- one or several questeurs

3o) Roles and functions of the members of the Office

- The president of the parliamentary Parliament is the highest authority which joins together in its person the capacities, functions and dignities of the Room. He represents the Parliament near the executive power and other national and international institutions. It is him which directs the meetings of the Parliament and assumes the administrative responsibility for its services. The president is the spokesman of the room. He is the guaranteeing one of the order and the decorum and decides questions of payment.

- The vice-president assists the president in the performance of his duties. In the event of prevention of the president or with his request, the vice-president replaces it.

- The secretaries of the office are the first advisers of the president and the members of Parliament on any question referring to the procedure and the administration. They are in charge to draw up the reports of the deliberations and deal with the behavior of the votes.

- The questeur is in charge of the management of the financial and administrative services of the room under the high supervision or direction of the Office.

1.2. Parliamentary Commitees

In general, the management of parliamentary work during a legislature is organized in committee. The detailed study of, certain the question bills of law and order and meticulous examination of the policies and program of government are the work of these commissions. The statute of those is expressly defined in the rules of procedure. There are different types of commissions such as : permanent, mixed, special, etc

1o) Standing committees

They are created for the duration of the legislature in order to examine the questions relating to the ministerial activities. They to this end convene the holder of the aforesaid organizations on all questions coming under their responsibilities. They share the preparation of the legislative work. The report/ratio presented by a standing committee following a convocation can lead to the interpellation of the holder in question to the Room and a motion of censure.

2o) Special subcommittee

The special subcommittees are working groups consisted the Parliament to make studies on specific subjects. Each special subcommittee is created under the terms of a motion of the Parliament which defines her duration and her mandate. However, it can request additional capacities by the means of a report/ratio to the Parliament.

3o) Joint Committees

The Joint Committees are composed representatives of the two Rooms: Deputies and Senators. They are also known under the name of bicameral commissions. They are made up when there is disagreement between the Assemblies on the vote of a law or a question of public interest. They support the fast decision-making when there is celerity.

1.3. Parliamentary Groups

The parliamentary group is the meeting of the elected officials belonging to the same party or the same political tendency. It represents the body of the party in the Parliament. Its importance is especially noticed through the conference of the presidents which is the second body of the Parliament (1).

1.4. Parliamentary Personnel

The room remains and remains in all the countries an institution. As such, it does not include/understand only elected officials. There is a personnel with his service. The office prescribes by rules the organization and the operation of the personnel. It establishes its statute and the relationship between the administration of the Parliament and the professional bodies of the parliamentary personnel.

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1. GICQUEL, J: quoted COp, p 866

The parliamentary personnel is composed of employees and technical experts. The latter are the contractual ones which bring their supports in the preparation of the private bills and in the study of the projects sent by the Executive. They give consultations to the members of Parliament like at the parliamentary commitees on economic questions, legal, sociopolitic, and others...

2. The parliamentary Discipline

The rules of procedure of each Parliament define a certain number of codes of conduct of the member of Parliament with regard to his person and her behavior in work of the Parliament. They treat the points of laws and obligations of its members.

2.1 The parliamentary Statute

The hurdy-gurdies and the oldest traditions confer on the Parliament and its members a privileged statute which enables them to exert their constitutional functions in all independence and all quietude, safe from all pressures except those which the constitution organizes :

1o) Irresponsibility of the member of Parliament

The member of Parliament is safe from all continuations for the acts achieved in the exercise of his mandate. He is thus free to give his opinion during debates. He cannot be continued in slandering starting from the charges which he emitted with the platform (1).

____________

1. DUVERGER, M: quoted COp, p 154

2o) Parliamentary privilege

The member of Parliament is inviolable during the exercise of his mandate. He can neither be stopped, neither held, nor even continued for the penal infringements which he would have made, except in the case of the obvious offense. The Office is the only authority being able to authorize the arrest of a member of Parliament after a serious examination of the character of the continuation provided that a request for lifting of immunity were required and voted by the Parliament.

2.2. Meetings

The Parliament votes the law in the public meetings. The rules of procedure fix the schedule of the meetings. The president of the assembly directs the meetings while applying and by interpreting the use and the traditions of the room.

2.3. Quorum

There cannot be meetings without the quorum required by rules of procedure N `noting. The quorum is the minimum of presences which the payment requires so that L `assembled can exert its powers.

2.4. Sanctions

Disciplinary measurements are pronounced by the president of the Parliament. They can be a call to order with inscription with the official report, which deprives the member of Parliament during a certain time part of its allowance; or a deferment which is pronounced by the assembly prohibiting the member of Parliament to take share with the meetings and the debates.

b) Rules on the procedure

As regards legislative work, the adoption of the rules of procedure establishes an adequate framework in the orientation of the presentation and the adoption of the law like in the relationship between the Legislature and the Executive.

1. Presentation of the law

The legislative power is exerted exclusively by the parliamentary assembly. It is constitutional organization which it obtains this competence that the payment comes to restore in precise standards so that the law can take effect.

2. The initiative of the law

In general, the initiative of the laws belongs to the two capacities: Executive and Legislature. Square of Malberg wrote: The initiative of the law is not by it only an act of legislative power, it is an essential operation of the legislative procedure which can only open only by it, it is not an act of legislative decision; it is only one preliminary condition with the formation of the law and not an integral part of its adoption.

Even if if various authorities can be called to intervene in the initiative of the laws, it rests only with the Room to give rise to the law.

3. The examination of the law

Any bill or private bill is examined before its inscription with L `agenda for its adoption. This examination is made by a commission unicamérale or bicameral Parliament. The constitution determines the priority of each Parliament and their competence in the examination and the vote of the law.

4. The debate and adoption of the law

The rules of procedure of the Parliament establish the discipline of the debates. According to a certain order, the president of the assembly directs the debates and ensures the police force of meeting. When the Parliament is sufficiently built, it puts an end to the discussion and passes to the vote.

The vote expresses the decision of the Parliament. It is taken in the majority of the voices. The vote takes place according to the indications of the rules of procedure. These indications are of five types:

- The vote by show of hands

- The vote by sat and raised

- The ordinary open vote

- The vote with secret bulletin

- The poll with the platform

The rules of procedure constitute a framework of orientation and simplification of parliamentary work. They bring precise details on all that can cause conflict in the legislative procedures and the internal organization of the institution.

Chapter II. - Haitian Parliament and its Payments

As we saw in the first chapter, the Parliament made against weight with the Executive power and represents a fundamental pillar in the establishment of the principle of the separation of the capacities. In this second chapter we will approach the various structures of the parliamentary Assemblies in Haiti and then we will present some elements of the internal organization of these assemblies.

Section 1 - Parliamentary Structures in Haiti.

The existence of any Parliament answers a fundamental question : one needs a single room or a bicameral Parliament ? A return to the various constitutions of the Republic of Haiti will enable us to release the essential elements which marked the monocameralism and the bicameral system.

A. the organization of the Parliament in the Past

Haiti knew two types of parliamentary assemblies in her history : monocameralism and bicameral system.

a) Monocameralism in Haiti

The monocameralism it is the exercise of the legislative power by a single room. Before 1806 one could not speak about the monocameralism, because the constitution of 1805 did not comprise any provision relating to the Parliament. Moreover, articles 19 to 37 of this constitution legalized the concentration of all the executive powers and legislature between the hands of Dessalines. And the Council of State made up of all the generals did not have a definite function. It functioned according to the needs for the Head of the State.

1. Organization of the legislative power in the Haitian monocameralism.

The Republic of Haiti had only two parliamentary Assemblies monocamérales : The Senate under the presidency of Pétion and the House of Commons under the mode of Duvalier.

1.1. The Senate of 1806 to 1816.

The Constitution of 1806 had creates a new institution like a counterweight with the executive power : Parliament. This Parliament was monocaméral. Indeed the legislative power was exerted by a single room : The Senate. The Senate was composed of 24 members for a nine years renewable mandate per third every three years. The Senators were named by the Constituent Assembly and exerted the legislative power in all independence. Omnipotent, all the capacities of the president of the Republic were transferred to him. Article 42 of the constitution made Senate the central body of the government, agent of all the capacities and person in charge for the management of the State. In testifies the provisions of this article of the constitution of 1806 :

«The Senate exclusively has the right to fix the public expenditure, to establish the public contributions, to determine of it nature, the share, the duration, the mode of perception. To rule on the Administration - to order, when it considers it suitable, the alienation of the national fields...»

1.2.- The House of Commons of 1964 to 1986.

Between 1964 to 1986, the Haitian Parliament took again its statute monocaméral. Indeed, President François Duvalier divorced the bicameral system while making vote the removal of the Senate of the Republic. The legislative power was exerted by a single room : The House of Commons, which remained until the inversion of Duvalier. This Room made up of 67 Deputies took the name of Legislative Body.

2. Relationship between the Legislature and the Executive.

The relationship between the Legislature and the Executive appeared generally conflict in Haiti. Under the Republic of Pétion the Parliament in made the expenses not its dissolution and the establishment of a personal capacity to the Head of the State ; Under the mode of Duvalier the legislative power merged with that of the executive under the exclusive dictation of the President of the Republic.

2.1. Reports/ratios in the Republic of Pétion.

From the Constitutional point of view, the Senate was privileged in the relationship with the Executive. It had immense capacities so much so that the Chief of the Executive becomes only one political figure. However, very early a conflict burst between the large body and President Pétion. When the Parliament wanted to fill its constitutional prerogatives by recalling President Pétion to the order, this last threatened it to dissolve it and the Senate ceased sitting until 1811 to transfer all its capacity to Pétion.

In front of the contempt of Pétion with regard to the constitutional recommendations of the Senate, and in front of its ambition to usurp all the prerogatives of the legislative power, the Senators wrote a text entitled : « Remonstrances of the Senate to the Head of the State », where one can read:

« ... The Constitution was not measured with the character of such or such individual ; it was made with the measurement of the principles ; it is calculated so as to cover public freedom ; and if the attributions given to the Executive power are not more extensive, it must you remember it, President d' Haïti, you yourself restricted them by your judicious observations. «(1)

2.2. Reports/ratios under the mode of Duvalier.

From 1964 to 1986, the Haitian legislative power formed a unit with the Executive. Indeed, the pressures exerted against the Parliament by Duvalier make of this last a rampart to legalize the acts of the Executive. The removal of the Senate instituted and consolidated the dictatorial capacity of Duvalier. This return to the monocameralism reduced the parliamentary institution to a simple office of legislative officials appointed by the Head of the State to endorse his acts and its intentions.

The members of the ministerial Cabinet were certainly responsible in front of the Room. However article 117 of the constitution of 1983 recognizes with the President of the Republic the right to defer the sessions of the legislative room. Moreover article 79 allowed him to dissolve the Parliament in the event of conflict with the executive power.

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1. CLAUDE, Brace: Constitutions and fights of being able in Haiti, T. 1, imp. the Native one, PAP, 1997, p 41-42

b) Haitian Bicameral system

The Constitution of 1816 founded the presidential mode in Haiti. It delegated the exercise of the legislative function to two Rooms : The Room of the representatives of the Communes and the Senate. It is the birth of the Bicameral system in Haiti. This one was installed definitively in Haiti with the publication of the Constitution of 1843 and its structures were maintained by all the following Constitutions until that of 1950.

1. Bicameral Legislative power

As we mentioned, the legislative power was exerted by two independent Rooms : The Senate of the Republic and the House of Commons. Each one of these Rooms was main of its organization. However to each Constitutionnelle revision, certain modifications were made as for the fields of competence Parliament that to its statute as being able of the State.

1.1. Composition

The Parliament is Composé of the Room of the representatives of the communes and the Senate.

1.2. Elections and Mandates

The Room is elected by the direct vote for all in the primary assemblies for one five years duration. The Senate is elected by the room under the presentation of a list of candidates by the President of the Republic.

1.3. Attributions and operation

The Parliament exerted the legislative function in collaboration with the Executive. However, no law could be voted without the initiative of the President of the Republic. (art 55 of the Constitution of 1816).

The legislative power was shared in an unequal way between the Senate and the House of Commons : Indeed, article 125 of the constitution of 1816 stipulates that:

«  The laws voted by the Room of the representatives must be issued by the Senate which has moreover the privilege to elect the President of Haiti, To sanction the trade or alliance, peace treaties with the foreign powers and to approve the declarations of war. «

With the revision of the Constitution in 1843, the legislative power was thus reinforced and the Parliament shared with the Executive the initiative of the laws on all the objects of law and order. Thus the Executive is put under the permanent control of the legislature. The Ministers or Secretaries of State were responsible before the Parliament and the idea of a Prime Minister Chief of the Government appeared, because it is expected that the ministerial Cabinet is directed by a minister carrying the title of President of the Council of the Secretaries of State.

2. Relations between the Parliament and the Governments

The various constitutional revisions were generally a way of directing the any power of the authority of the State towards the legislative power with the detriment of the Chief of the Executive or towards the chief of the Executive to control the Parliament. Thus certain constitutions made of the President of the Republic a true omnipotent chief having the initiative of the law, the right of veto, the right to dissolve the Parliament..., others reinforced the parliamentary authority by the control of the executive power, the responsibility for the Secretaries of State or ministers in front of the Parliament, the election indirect of the Head of the State by the Room and nonthe dissolution of This one.

2.1. Legislative power with the profit of the Executive.

The authority of the President of the Republic in the exclusive initiative of the law, its right of veto and that to dissolve the Room were devoted in various constitutions of the Republic. The election of the Senate by the House of Commons on a list of candidates introduced by the President of the Republic makes of this last a potentate within the legislative power. Thus the Head of the State could make failure with the Room by the means of the Senate which shared with it the legislative power. One finds in the constitutions of 1816 and 1874 an article which grants the Législative power at the same time to the Executive and with the Legislative Body. By the Senate the President controlled the capacity, it could make failure at the Parliament by issuing the strike of the bills. (1)

________

1. CLAUDE, Brace: COp, city, p 75

B Parliament in Comparison with the Constitution of 1987.

After twenty two years of monocameralism in Haiti, the revolutionary movements which led at the beginning of the mode of Duvalier carried our components to adopt a new political system which recommends the return to the bicameral system. In this part we will approach the legislative power and its fields of competence in the constitution of March 29, 1987.

a) Haitian Legislative power

The Constitution of 1987 gives rise to a bicameral Parliament composed of and the Senate House of Commons of the Republic.

1. House of Commons.

The House of Commons is composed of the representatives of the people elected by the direct suffrage by the citizens in each electoral district and performs with the Senate of the Republic the functions of the Legislative power.

1.1. Elections and Mandates

Each deputy is elected in the majority absolute of the votes cast in the primary assemblies. The term of the office of the deputy is four years renewable. The mandate of the Room constitutes a Legislature.

1.2. Conditions D `eligibility

Article 91 of the Constitution of 1987 stipulates that :

« To be member of the House of Commons it is necessary :

1. - To be Haitian of origin and not to have never given up its Nationality ;

2. - To be twenty five (25) years old accomplished ;

3. - To enjoy its Civil laws and Political and not to be never condemned to an afflictive or defamatory sorrow for a crime of common right.

4. - To have resided at least two (2) years consecutive preceding the date by the elections in the electoral district to represent.

5. - To be Owner of a building at least in the district or to follow an occupation or an Industry there ;

6. - To have received discharge, if necessary, as manager of public funds. »

2. Senate of the Republic.

The Senate is composed of the representatives of the departments of the Republic. The members of the Senate are elected by the vote for all in the majority absolute in the primary Assemblies.

2.1. Elections and Mandates

The Senators exert the legislative function with the Deputies. They are elected for six years and are indefinitely re-eligible. The renewal of the Senate is done per third every two years.

2.2. Conditions of eligibility.

Article 96 of the Constitution of 1987 shows article 91 of this same Constitution with light modifications relating to the age and the years of residence of the Senator. Thus, the Senator must be thirty years old accomplished. He must reside in the Department to represent at least four (4) Consécutives years preceding the date by the elections.

b) Exercise of the Legislative power.

The constitution of 1987 devotes the principle of the separation of the capacities. The legislative power is exerted by the Parliament : The House of Commons and the Senate. Each Room is independent and shares following attributions :

1) the vote of the Law (art 111, 120)

2) The interpretation of the Law (art 128)

3) Interpellation of the Government (art 129-2, 129-3, 172)

However, the Constitution establishes a certain exclusive field with regard to respective attributions of the French National Assembly and Senate, House of Commons.

1. House of Commons

Article 90 stipulates that :

«The House of Commons, in addition to Attributions which are reserved for him by the Constitution as a branch of the Legislative power, has the privilege to put in charge the Head of the State, the Prime Minister, the Ministers and the Secretaries of State by front High the Court of Justice, by a majority of the 2/3 of its members... » (cf art 186)

2. Senate of the Republic.

Article 97 stipulates that :

«The Senate proposes with the Executive the list judges of the Supreme court of appeal according to regulations' of the Constitution and can set up into High the Court of Justice...»

The Senate gives its approval to the choice of the Commander-in-chief of the Police force, with that of the ambassadors, Consul generals and boards of directors of the autonomous organizations (art 141,142). The Senate elects the members of the Higher Court of the Accounts and the Administrative Dispute (art-6), while it subjects the Candidature of those of the Supreme court of appeal on the list of three (3) people per Siège for the President of the Republic (art)

3. Of the French National Assembly

The French National Assembly it is the meeting of the two branches of the legislative power in only one Parliament. She has as exclusive attributions :

1) To receive the Constitutional Oath of the President of the Republic ;

2) To ratify any decision, to declare the war when all the attempts at Conciliation failed ;

3) To approve or reject the treaties and International Conventions ;

4) To amend the constitution according to the procedure which is indicated there

5) To ratify the decision of the executive, to move the seat of the Government in the cases determined by the article first of this Constitution ;

6) To rule itself on the appropriateness of the state of siege, to stop with the Executive the Constitutional guarantees suspending and to come to a conclusion about any request for renewal of this measurement.

7) To contribute itself to the training of the Permanent Electoral Council in accordance with article 192 of the Constitution.

8) To receive with the opening of each Session, the Assessment of the activities of the Government. (art-3)

Section II - Rules of procedure of the Parliament since 1987.

Since the new Constitution of 1987, the country is with its third Legislature. The establishment of the interior rules to the organization and the operation of the Parliament remains a unsolved problem. In this section we will review the payments which followed one another since, and will present the framework of reference of the operation of the 46ème Législature.

A- First Payments.

The innovations brought in the legislative function by the Constitution of 1987 led our members of Parliament to adopt new payments to fulfill the requirements of the new bicameral mode. Each room is independent and main of its payments. Thus, the various legislatures adopted general rules relating to the operation and the organization of any Parliament and tried to observe their own rules voted by the assembly.

a) Payments of the Senate

Since the re-establishment of the Upper House by the Constitution of 1987, the Senate forever have its own payments. However the Senate organizes its work by provisions drawn from the former payments, habit and parliamentary jurisprudence.

1. The framework of reference of the Senate of the Republic.

The internal organization of the Senate of the Republic is based on texts regulating the former senatorial assemblies and the House of Commons. The Senate adopts general theories for the formation of its internal bodies and the behavior of the Meetings.

2. Practices of the Senatorial Parliament.

The rules of procedures are the fundamental element of the legislative process. To mitigate the inexistence of these rules, the Senate of the Republic applies parliamentary jurisprudence and the doctrines of the parliamentary right. Admittedly, one is pilot of a certain negligence and inconsistency in work, but the Senators could vote laws, adopt resolutions, ratify the Prime Minister, exert a control on the government and contribute to the formation of other institutions envisaged by the constitution such as : the Court Superior of the Accounts and the Administrative Dispute, the Provisional Electoral Council, supreme court of appeal etc

In addition, the Senate finally adopted its first rules of procedure in June 1996. However for lack of rules of procedure and its inadequacy to the standards in force the Senators agreed not to apply them. We will bring from there some precise details in our next subdivision.

b) Payments of the House of Commons

Contrary to the Senate of the Republic, the House of Commons adopted its rules of procedure. Indeed, its payments were conceived by the 44ème Législature which unfortunately was dissolved in June 1988 after five months of operation. 45ème A took again its payments and brought certain amendments.

1. Tally of reference of the rules of procedure of the House of Commons

The 44ème Législature had not had time to apply its rules of procedure. Moreover, the vote of the final document had not taken place yet and the Room was dissolved.

February 5, 1988 the Room had modified some Articles of the Regulations of 1953 and had thus established its framework of reference for its organization and its operating mode. This payment had took again the same titles as that of 1951 and there were no rules of procedure. The Deputies of the 44ème Législature adopted the general principles of right parliamentary and created new bodies of working procedure required by the Constitution.

2. The Payment of the Deputies of the 45ème Legislature

June 11, 1991 the House of Commons voted the first rules of procedure of the 45ème Législature. This payment comprises new titles or chapters which were ignored up to now in our parliamentary culture such as: like those creating the parliamentary groups or the conference of the presidents.

Article 41 stipulates that:

«The Deputies can gather by political affinities. No group can include/understand less than ten Deputies. The groups are constituted while giving to the president of the Room a signed political declaration their members, accompanied by the list of those. These documents are published in the Monitor.

A Deputy can form part only of one political group. The deputies who do not belong to any group can adhere to the group of their choice with the approval of the office of this group. They count for the distribution of the seats in the commissions «.

The participation of the political groups is determining in the work of the Parliament, thus article 45 stipulates that:

«Once per week, per hour and the day envisaged by the office of the room, the secretariat convenes the chairmen of the political groups to the conference of the presidents which is taken place under the direction of the president of the office, also the presidents of the commissions with advisory voice take part in it».

Article 45-1 rules on the voting rights to the conference of the presidents. Thus, only the chairmen of the political groups or their duly elected possible substitutes have voting rights proportional to the manpower of their group.

These provisions devote political pluralism definitively and make place with the emergence of a constructive parliamentary opposition.

B- Payments of the 46ème Legislature

If the first two legislatures could evoke alibis to dodge the question relating to the vote of their rules of procedure or at least their nonapplication, the 46ème for its part does not have the choice.

Actually, it profited in one way or another from a political stability and a technical assistance of the international community which should have allowed it not only to have its own rules of procedure but also to apply them. However, reality proves the opposite. The Senate of the Republic adopted a new law carrying new rules of procedure of the Upper House which until now is not in force; and the House of Commons works on his interior draft Regulation.

a) The law of June 1996 carrying new rules of procedure of the Senate.

In its first article it is known as :

« These internal payments fix the statute, the organization and the operating mode of the Senate of the Republic. For all that is not envisaged with the present payment or does not make object of a special order of the assembly it will be taken account of the habits, formalities and procedures ordinary ».

Let us see now the innovations that it is necessary to underline in this payment.

1. Innovations brought to the Senate by the text of 1996.

The text of 1996 is a first in annals of the Senate of the Republic. It reconsiders the authority of the Senate in the exercise of the legislative power while allowing the large body like with its members enjoying all the constitutional prerogatives.

1.1. Senatorial institution

The Senate is a public institution equipped with the legal personality which can be party to legal proceedings and which manage its own inheritance with an administrative autonomy and budgetary. (art)

This payment defined clearly and in a precise way the missions of the large body in its article 4. Article 5 reiterates its sovereignty. The office of the Senate from now on is composed of a President, a vice-president, two Secretaries and a renewable questeur elected for two years.

1.2. Privileges of the Senators

Adequate monthly expenses for the establishment and the operation of an office of the Senator in his senatorial district and to the Capital are envisaged, as well as the assumption of responsibility with the budget of the Senate as contractual of an agent of safety, a driver, and an expert attached to his particular cabinet.

1.3 Conference of the Presidents

The rules of procedure of the Senate create a new body called Conférence of the Presidents. This conference brings together the presidents of the office, the presidents of the standing committees and the parliamentary groups. The office of the conference of the presidents is composed of the President of the Senate (President of the office of the conference of the Presidents) of a vice-president and a Rapporteur - The latter are indicated for one one year period- (cf art). The Conference of the Presidents second the office of the Senate of the Republic. It thus has the capacity of :

- to allocate with each parliamentary group a total time of word while taking account of the Right to the word of the independent senators ;

- to decide about priority to grant to the questions to discuss in assembly;

- to deliberate by majority vote on the proposals submitted by its members and on the organization on the general discussion on the texts submitted to the assembly...

1.4. Parliamentary groups

The Senators can set up political groups at a rate of at least three Senators per group. No Senator can be member of more than one group. (cf Art 194)

1.5. Commissions

At the beginning of each legislature and each replacement partial of the Senate, the Parliament forms ten standing committees. Each commission is named for a two years mandate. The subcommittee bureau includes/understands a president and a rapporteur.

The parliamentary groups have at the standing committees a number of seats proportional to their numerical importance subject to the rights of the independent Senators.

The quorum of each commission is half of its members and the senator absent three times without valid excuse during one month, loses the 1/3 of his basic allowance for this month.

The senators associate with the standing committees of the special subcommittees and mixed. Article 177 of the payment creates a new commission called: Special subcommittee of parliamentary privileges, whose mission is to intervene with the public authorities to defend the interests of any Senator victim of violation of their privileges and immunities.

2. Withdrawals or abrogations of the rules of procedure of the Senate

The law of June 1996 makes certain modifications relating to the operation of the internal bodies of the Senate of the Republic, that it is on the level of the personnel or the means of organization of the legislative process.

2.1. Employees of the Senate

The payment does not fix the number of employees of the Senate and does not envisage any heading relating to the organization of the parliamentary personnel. That falls within the competence of the office which is charged to into force regulate the services of the Senate in accordance with the administrative rules and with the need for the large body.

2.2. Delegations

The training of the delegations is not any more exclusive competence of the president of the Senate. It is thus about a decision taken as a Parliament.

2.3. Mode of voting

The votes are done by raised hands or ordinary open vote. The secret vote is repealed.

b) The interior draft Regulation of the House of Commons

Since the House of Commons did not vote its rules of procedure yet, we will present only the innovations in its organization and current operation starting from the text of reference which is this draft Regulation of the 46ème legislature.

1. Innovations in the organization and the operation of the House of Commons

The new payment of the House of Commons A took again the same bodies of the Senate with light modifications in the composition of the commissions. It also establishes a framework of formal communication between the Room and the Government as well as a technical structure for good unfolding of work of the Deputies.

1.1. Bodies of the House of Commons

The House of Commons is composed of:

- the Parliament of the Deputies or Plenary assembly

- the office

- parliamentary groups

- standing committees

- the conference of the presidents

- commissions

Article 31 of the project provides that these bodies are assisted of an administrative service called the Secretariat-general of the House of Commons directed by a secretary-general whose operation and organization are defined by the administrative and financial payments.

1.2. Relationship with the Executive

The project grants an important place to the relations between the Legislature and the Executive. It defines the procedure to be followed for the ratification of the Prime Minister and the exercise of the supervisory powers on the government. This control is done by communications such as:

1o) the assessment of the Prime Minister to the opening of each parliamentary session

2o) declarations of the Government in front of the Parliament with or without debate

3o) oral questions organized by the conference of the presidents

4o) written questions published, during the sessions and except sessions, with the Official Journal as well as the answers of the Ministers

5o) interpellation of a Minister or Government

6o) the convocation of the Ministers by standing committees...

1.3. The technical council of framing

The interior draft Regulation of the House of Commons envisages a council of technicians which can accompany the commissions and the office by the Parliament.

1.4. Office of the Deputy

September 9, 1992, the 45ème legislature voted for a resolution creating an administrative entity called office of the Deputy in each electoral district. The project of the 46ème legislature regulates the operation of this office and envisages a remuneration for its members and an emanating operational budget of the budget of the Room. The chief of the office of the Deputy could be regarded as his assistant and ensures the connection with the other bodies.

We showed up to now some modifications in the structures and the operation of the Haitian Parliament since 1987. The constitution of 1987 reorganized the exercise of the legislative power and executive by making Parliament the exclusive authority legislation control of the Government. However the imperfections in the regulation of this capacity constitute a major handicap for the institutionalization of the young Haitian democracy. Also is advisable it to underline in the next chapter the problems arising from the application of the rules relating to the operation of the Haitian political system.

SECOND PART:

PAYMENTS ADAPT TO THE REQUIREMENTS OF THE HAITIAN POLITICAL SYSTEM.

Chapter I: Considerations on the problems arising from the imperfections and the gaps of the rules of procedure of the 46 ème Legislature.

The constitution of the Republic of Haiti defines the legal framework of the organization of the Haitian political system. However, each capacity must obtain with rules and procedures for the exercise of their mandates. At the Haitian Parliament, not only there is a deficiency as regards payments, but those existing present obvious imperfections which deserve to be analyzed. In the first section, our analysis will relate to the working procedure of the parliamentary Parliament and in the second section we will tackle the question of the relationship between the Legislature and the other capacities.

Section 1. Problems encountered in the working procedure of the Haitian Parliament

In the dynamics of parliamentary work, it is essential that the Parliament obtains a framework regulating its operating conditions. The 46ème legislature functions with exceeded rules of procedure which do not take account of the reality of the political system recommended by the constitution of 1987. What involves weaknesses in its internal structures and of mistrust in the relationship with the other capacities.

A- Weaknesses in the internal structures

The internal structures of the two Rooms do not present differences one compared to the other as for their denomination, their organization and their operating mode.

The lack of coherence in the organization of the bodies of the Parliament and the inexistence of certain fundamental structures relating to the constitutional and lawful requirements are the elements which it should be stressed like indicating signs of gaps and problems for the good management of the work of the Parliament in the 46ème legislature.

Indeed, the payment presents a framework in which must fit all the parliamentary bodies. Those consist of a manner proportional to the political configuration of the Parliament and have to engage the institution, according to their competences, in the businesses which are subjected to them.

a) Faulty operation of the bodies of the Parliament

The considerations on the faulty operation of the bodies of the Parliament should not be seen under a reducing angle, i.e. by not holding account of the practice or the activities of these bodies with the 46ème legislature, but also starting from an in-depth analysis of the mechanisms of their composition and their attributions.

1. The Office of the Parliament

The configuration of the office of the Parliament is not defined. Moreover, the conditions of eligibility of its members are not regulated. At the Parliament, the president of the office must be above the parties. This is why in France as in Canada the function of president is incompatible with that of Chief of the Opposition or Deputy fulfilling a governmental function.

The payment of the 46ème legislature does not envisage any mode of consensus in the choice of the members of the office of the Parliament. What involves a lawful absence of framework for the negotiation between the various political forces represented at the Parliament. Thus the office perhaps entirely controlled by the majority parliamentary group. In this case it becomes very difficult to make a good management of the conflicts of interests within the Parliament and one will not be able to establish a balance in the relationship with the other minority groups.

2. Standing committees

The law carrying new rules of procedure of the senatorial Parliament in her article 156 indicates in a vague way the distribution of the seats in the standing committees. The House of Commons for its part did not envisage any mode of co-optation between the various political groups in the commissions.

The criterion proportional of article 156 of the rules of procedure of the Senate remains a pious wish since there is not any rule of definition of this proportionality.

The payments of the 46ème legislature do not envisage any provision relating to the distribution of the presidencies within the standing committees and at the same time do not support the implication direct and responsible for the Deputies and Senators for the majority group and the official Opposition in the control of the businesses for the Parliament.

3. The Conference of the Presidents

The configuration of the conference of the presidents and its attributions in the management and the organization of parliamentary work requires a co-optation stopped between the political groups in the formation of the standing committees. If the division is not made in a rational way on the level of the presidencies of these commissions one could confront a blocking within the Parliament which has to have to ratify the decisions of the conference of the presidents.

However, with the 46ème Haitian legislature this problem was not solved. It is known that at the beginning of the legislature there was a called majority political group: LAVALAS and of Independent which did not constitute one of them. The formation of the standing committees was made in a way not involved under any lawful base questioning the representativeness of the various political scenes within the Parliament. On the contrary, the presidencies of the aforesaid commissions had set out again according to the particular interests of the elected officials for such field. For example, the presidency of the commission of health was allotted to a doctor, that of agriculture to an agronomist, etc.... This situation is the same one as well on the level of the House of Commons as of the Senate of the Republic.

Today, the conflicts at the Parliament gave a reality to which each Room should conform. Thus three political blocks are currently made up with the House of Commons: the BPOPL, the group of anti-néolibéral dialog and GPI. With the Senate of the Republic there is the BPOPL and the Independent Group. However, there no was rehandling within the office of the standing committees at the time of this new political configuration. The rules of procedure should require this rehandling with each time a new block is constituted; with each time there is defection of a member of a block which occupied the presidency of the one of the standing committees.

b) Inexistence of certain fundamental structures

The new political régime recommended by the constitution of 1987 creates a semi system parliamentary or semi-presidential which gives place to serious modifications in the management of the relationship between the Government and the Parliament.

In addition, the rules of procedure envisage certain structures which would have as a role to instigate the parliamentary function. With the fact, the questions of an administrative nature of the various services of the Parliament are controls by an organic law about which the Parliament has to come to a conclusion. In addition, when there is disagreement between the legislative power and the executive power, it is a body of mediation which is seized by it.

Lastly, the Parliament must establish a communication network with the civil company. These points are fundamental elements whose Parliament should work with the realization. Unfortunately the 46ème legislature does not profit from such an organization.

1. Commission of conciliation

The commission of conciliation is created if there would be a dissension between the legislative power and the executive power. In its composition, according to article 206 of the constitution of 1987, it is necessary to have the president and the vice-president of the Permanent Electoral Council. The STOCK not being effective, one does not have any means to form this commission.

The 46ème legislature of the Haitian Parliament ratified the declaration of general policy of the Government of Rosny SMARTH, that implies that it would be laid out to support the economic reforms of the Government as it was a question in the statement of the political program. However the iron arm opposing the Government to the Parliament led to the resignation of the Prime Minister. Here is a question which this commission could have solved thus avoiding with the country a crisis of gouvernability and all the repercussions harmful that this one implies.

2. Commission of press and public relations

Article 29-1 of the payments of the House of Commons stipulates that: «It is created within the Parliament a standing committee called: Commission of press and public relations of which the goal is to make known with the public the results of work of the House of Commons...». With the fact, the Parliament could benefit from this commission to have an image through the media and to fully play its part in the Haitian political system.

Arthur Siegel (1) pled in favor of a platform of the parliamentary press. This one was to be seen like integral part of parliamentary work and the Parliament should safeguard this service in order to inform the public about the activities which proceed in its center.

Moreover, the commission of press and public relations is a body of diffusion of information on the activities at the Parliament. Thus the citizens would have the knowledge of the procedures and legislative attributions and could see whether the Parliament fulfills well her functions with regard to the study, the improvement and the adoption of policies and legislative measurements according to regulations' of the constitution and the payments in force (2).

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1. SIEGEL, Arthur: Politics and the media in Canada, National Parliament, Quebec, 1996, p 206

2. LANDRY, Pierette: Parliament and media of information, conference on the parliamentary action in democracy, PAP, 1997

B- Problems encountered in the legislative procedure

The absence of rules of procedures législatrices handicaps the correct operation of the Parliament. Deputies and Senators evolve/move in an atmosphere of tension where with each particular situation they do not have any rule like reference. Also they obliged to plagiarize in the habits external or jurisprudence of the other Assemblies.

a) Difficulties in the application of the rules of procedure

All parliamentary work rests on procedural bases. The procedures of the Parliament are controls by the law, its payment, its rules of operation and the orders which it adopts.

With the 46ème legislature, the procedures are not the subject of a law, i.e., are not contained in a reference document. The procedure is given by taking account of the antecedents and the uses of the Parliament. Certain times, the members of Parliament do not find the consensus on the practice of the former Assemblies for lack of collections of decisions concerning the parliamentary procedures.

It is known that parliamentary work consists in making laws and to control the Executive. The rules of procedure determine the time between the stages of the development and the vote of the law as well as the decisions which the commissions in the exercise of the supervisory powers must make. In Haiti, in addition to the deficiency of technical experts and materials at the Parliament, the omission of time in the legislative procedures constitutes a loss of earnings for all the system. This constraint would have reinforced the producing capacity of all the Parliament. Thus, the working hours of the commissions, the regularity of the plenary meetings of the Parliament, in a word the management of parliamentary work could be improved and the institution would discharge with much more effectiveness of the mission which was reserved to him by the laws and the payments in force.

b) Problems in the operation of the Parliament

The role of the Parliament is to exert a control on the governmental action and to vote the law. All the decisions of the Parliament are made by a vote in the majority of its members in plenary meetings. The Parliament is bound by her vote from where need for the participation of the majority before ruling definitively on the question. Indeed, the legislative procedures of the 46ème legislature of the Haitian Parliament are not different from those of the other countries. They are the subject of a general framework which contributes to a better organization of parliamentary work.

1. Meetings of the Parliament

A meeting corresponds to each working day of the members of Parliament as a Parliament. The Haitian deputies and senators meet for three weekly meetings : Tuesday, Wednesdays and Thursdays. Work begins at 11 a.m. with a pause between 1 p.m. and 15 hours to finish at 6 p.m. However, the assembly can decide under discussion to prolong a meeting until exhaustion of the question.

A meeting of the Parliament is not divisible. There is no diary fixes, i.e., a sequence pre-determined for the control of the debates. Parliamentary work is thus not timed. The speaking time, the order of precedence in the speech, the minimal time assigned with the Parliament to decide and many other important points for the success of a meeting are not respected. At the Haitian Parliament it there with the promotion of the free expression to the platform without taking account of the importance of the management of time and the order for which the meeting took place.

2. The vote

The rules of procedure of the Haitian Parliament recognize only three types of votes:

- for which is equivalent to one «YES»

- against which is equivalent to one «NOT»

- the Abstention

Each member of Parliament is free to vote. The vote is personal, but the decision is collective. The vote determines the decision of the Parliament. The Parliament is bound by her vote and it is the only proper authority for the interpretation of its decision.

According to payments' in force with the House of Commons and the Senate of the Republic, the cases of figure of the vote are:

- the vote in the majority simple or relative

- the vote in the majority absolute of the members present

- the vote in the majority absolute of the members of the Body

- the vote in the majority of two thirds of the members of the body

The determination of these majorities depends on manpower of the Parliament, i.e., the quorum.

3. Quorum

To the Haitian Parliament the quorum is not won over once the meeting began. The Parliament can make a decision only in the majority of the members of the Body joined together during the meeting. This established fact handicaps parliamentary work since the quorum is fixed. This quorum is given according to the number of Deputies or Senators envisaged by the constitution. Thus, with the Senate of the Republic the quorum is maintained with 14 Senators present out of 16 available and at the House of Commons the quorum is fixed at 42 Deputies present out of 78 available.

With the 46ème legislature of the Haitian Parliament, there are many difficulties for the behavior of the meetings. The members of Parliament are not only irregular, but they practice the policy of «the empty chair» to cancel the quorum. The rules of procedure do not envisage any sanction not even provisions to reduce the quorum so that the Parliament can hold meeting in the event of urgency.

4. Validity of the vote of the Parliament

The vote is valid if all the standards were respected. One understands here by standards, the procedures and the conditions under which the vote takes place.

Article 64 of the rules of procedure of the House of Commons makes injunction with very Député to vote on any question with the deliberation of which it took part. The vote not being nominal, how to check the application of this provision? Let us take as example the vote which takes place on December 23, 1997 at the time of the meeting of ratification of Mr Herve Denis appointed Prime Minister.

... Indeed, there were 72 deputies present; 34 had voted for the Commission Report, 33 others had voted against this report/ratio, 2 deputies had abstained from and 2 others had not decided. Here is an apparently insoluble question of procedure.

With the question: «Yes or not Mr Herve Denis is ratified?». No the answer. Two weeks later, this same scenario reproduced when it was necessary to vote the official report of the meeting of ratification of December 23, 1997: 25 deputies had not decided.

The rules of procedure are dumb on the decision to adopt in this case. This weakness creates confusion around the validity of the vote since one cannot interpret the position of these which did not take part in it

Section 2. Problems encountered in the relations between the Parliament and the other Capacities

The constitution of 1987 delegates the sovereignty of the Republic of Haiti to three capacities: the Executive, the Legislature and the Legal one. In its preamble it is written that:

«The Haitian people proclaim the present constitution to ensure the separation of the capacities of the State the service of the fundamental and priority interests of the Nation»

In this section we will present in comparison of the constitution and the rules the relationship between the Parliament and the other Capacities.

A- The management of the relationship between the Legislature and the Executive

Although the constitution of 1987 establishes a parliamentary semi system, it grants by rebound of serious capacities to the president of the Republic. This one, while being a Head of the State, has also capacities of Chief of Government: it names with its Prime Minister the members of the ministerial Cabinet, chairs the Council of Ministers and names the General managers.

The president of the Republic chooses the Prime Minister in the majority party at the Parliament or failing this in consultation with the presidents of the two Rooms. This Prime Minister receives the vote of confidence of the Parliament for his declaration of general policy. The Parliament as for him must exert a power of control on the government all while maintaining with this last of the harmonious reports/ratios.

a) The ratification of the Prime Minister

The 46ème legislature made the experiment of ratification of 3 Prime Ministers: Rosny SMARTH, Ericq PIERRE and Herve DENIS.

The procedure installation to ratify the choice of the Prime Minister is heavy and confused. Article 158 of the constitution makes obligation to this last to be submitted to the Parliament to have its vote of confidence. The Parliament has to come to a conclusion about the declaration of general policy of the Prime Minister.

However, Haitian parliamentary jurisprudence divides the ratification into two stages. During the first, a commission charged to study the parts of indicated the Prime Minister following article 157 of the constitution presents at the Parliament a report/ratio on her eligibility. This report/ratio must be voted in the majority of the members present of the Parliament. Then, in the case of a favorable vote, the Prime Minister is thus invited to make its statement of general policy to receive the vote of confidence of the Parliament in the majority absolute of the members of this Body.

This situation makes complex the process of ratification seen that the vote of the Parliament is at the same time technical and political. Two cases of figure can give us reason :

1o) The case of Ericq PIERRE

The Parliament of the Deputies rejected the choice of Ericq PIERRE because «this last had not submitted to the commission the birth certificate of its grand' mother». The commission had given a report/ratio favorable to the choice of Mr PIERRE, however certain members of the aforesaid the commission voted against the report/ratio.

2o) The case of Herve DENIS

The file of Mr DENIS was in conformity with article 157 of the constitution and the Commission Report was correct. Though the Parliament did not belong to faults, it made a political vote rather than technical and rejected the choice of Herve DENIS. At the time of the vote of the Commission Report, whereas the commission recommended a positive vote, the majority of the members of this same commission voted against the report/ratio of ratification.

The vote of ratification of the choice of a Prime Minister should not be regarded as a political vote. It must be an application of article 157 of the constitution. The Parliament will have time to put forward her political points of view in the meeting of presentation of the declaration of general policy of the Government.

b) The control of the governmental action

In his statement of general policy, the Prime Minister presents the broad outline of the action of his government but he does not say how he will proceed. From the ratification of the statement of general policy of the government, the two capacities begin one with respect to the other to work together for the application of the program of the government.

The statement of general policy of the government is used as framework of reference in the development of measurements or laws deposited to the Parliament. However, with the 46ème legislature, the relationship between the executive power and the legislative power are not always with beautiful fixed. The lack of dynamism on both sides, the inconsistency of the parliamentary members of groups, the weakness or the absence of rules of legislative procedures as well as the responsibility allotted to the Parliament in the installation for the government are as many difficulties which make difficult a harmonious collaboration between these two capacities. Moreover, in its constitutional prerogatives the Parliament can exert its power of control in three forms: preliminary questions, interpellations and investigations.

1o) Questions

The meetings of questioning take place either as a Parliament or in committee. A commission can ask to hear a member of the government on a question coming under its responsibility.

This meeting does not give place to a motion of censure. However, the commission can recommend to the Parliament the interpellation of the concerned one. This stage one applies article 129-3 of the constitution.

2o) Interpellations

The Parliament exerts its power of control by the interpellation of a minister or government in entirety. Article 129-3 of the constitution stipulates that:

«The request for interpellation must be supported by five (5) members of the interested Body. It leads to a vote of confidence or a motion of censure taken in the majority of this Body».

The vote of the motion of censure involves the automatic resignation of the challenged minister or the Government.

The procedure of interpellation of the government is not defined. March 26, 1997, the House of Commons challenged the Prime Minister Rosny SMARTH. Actually, there had not been the majority necessary for a vote of confidence or a motion of censure. The fact of not finding a majority for the vote of the motion of censure does not mean that the Prime Minister had a vote of confidence. However, the rules of procedure of the Room allot the rejection of the motion of censure to a vote of confidence. However, the Prime Minister did not have any means to prove that it has a majority at the Parliament. In fact, two months later, are on June 9, 1997, it had to submit its resignation to the Parliament.

3o) Preliminary investigations

The investigations are carried out into questions of law and order by special subcommittees. Unfortunately these investigations never succeed. It is known that the Senate of the Republic opened more than one ten investigations. Let us quote for example: (Business TEVASA S.A; the sale of the six planes of the State, the diversion of the 20.000.000 of dollars of TAIWAN for the construction of the road of Crossroads, etc). Several people and persons in charge for the State were heard with the Senate of the Republic. No decision was made and all these businesses remained hanging.

Of another with dimensions, the Parliament does not have the means necessary to exert its control on the financial activities of the government. The bicameral commission on the national expenditure is dysfonctionnelle. It cannot, starting from a sum spent which would have exceeded the scale, to carry out studies on the financial commitments of the State. Moreover, it misses at the Parliament its own inspector who would work on files or financial commitments in the course of exercise.

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.

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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)

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C- Memories

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D- Others

- Preliminary draft of rules of procedure of the House of Commons of the 46ème

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- Mr. D. DALLOZ, Groin: Repertory of legislation, doctrines and jurisprudence, volume 18, ED. Dalloz, Paris, 1870, 768p