Abstract
There are several reasons why lawmakers should adhere to procedural rules in the legislative process. First, doing so upholds the rule of law, ensuring that participants engage in lawmaking under established procedures. Second, following these rules protects participation and the expression of diverse viewpoints, thereby strengthening democratic representation. Third, respecting procedures promotes transparency by clarifying both the content and purpose of proposed legislation. Compliance depends on internal and external enforcement. Lawmakers may use points of order and internal remedies to uphold the rules. Additionally, legislatures should rely on impartial staff whose independent judgment helps deter violations. To resist political pressure, these officials must be protected by guarantees of free expression, both within and beyond the legislature. Finally, under appropriate constraints, courts should be open to reviewing procedural breaches—provided they act with deference, limit standing to qualified actors, and avoid overturning laws based solely on violations of infra-constitutional legislative rules.
Keywords: due process, fairness, legislative procedures, legislative process, participation, transparency
How to Cite:
Barroso da Graca, L., (2025) “Complying with Legislative Procedural Rules: Why Legislatures Should Foster This Goal and How It Can Be Done”, UCL Journal of Law and Jurisprudence 14(1), 104-136. doi: https://doi.org/10.14324/111.444.2052-1871.1984
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