The abuse of parliamentary bills and the tabling of amendments without material connection: two manifestations of the distortion of the legislative function in times of parliamentary fragmentation

Abstract

The legislative function is affected by several distortions that have substantially altered, within the Chambers, the process of forming the will of Parliament. These are the result of the use of instruments that allow the circumvention of guarantees, limits and controls that would otherwise be imposed. Their frequent use compensates for the weakened capacity of the Government to act, which is a consequence of its minority position and the contingent nature of the support that its initiatives deserve in a scenario of marked parliamentary fragmentation. They are manifested in the bill as a means through which to exercise, indirectly, that is, through interposed actors, the legislative initiative that the Executive wishes to promote. And in the presentation of amendments without material connection with the main text to which they are attached, which is the subject of processing, to introduce, thus, heterogeneous regulations, in a supervening manner, taking advantage of the former. Through both proceedings, the guarantees that are inherent to the Rule of Law are devalued.