Models of Pre-Promulgation Review of Legislation

Authors

Rachel Myers, Indiana University Maurer School of LawFollow

Publication Date

5-11-2020

Abstract

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review is split between discussions of legislative debate and judicial review by courts, rather than as a distinct mechanism. The following analysis presents seven models of pre-promulgation review currently in practice around the world, further divided into subcategories for a total of thirteen approaches. This taxonomy of pre-promulgation constitutional review of legislation presents a framework for thinking comparatively about the various mechanisms currently in use across the world. Rather than a comprehensive catalogue, the purpose of this taxonomy is to provide a concise overview of overarching commonalities of states’ pre-promulgation review mechanisms to provide categories of the approaches. The framework invites further development through additional cases and refinement of its categories as this area of institutional design distinguishes itself in the literature.

Recommended Citation

Myers, Rachel (2020) "Models of Pre-Promulgation Review of Legislation," Indiana Journal of Constitutional Design: Vol. 6, Article 3.
Available at: https://www.repository.law.indiana.edu/ijcd/vol6/iss1/3