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37 Liverpool L. Rev. 1 (2016)

handle is hein.journals/lvplr37 and id is 1 raw text is: Liverpool Law Rev (2016) 37:1-17 DOI 10.1007/s10991-016-9177-z CrossMark The Public Hearing and Law-Making Procedures Piotr Mikulil - Grzegorz Kucal Published online: 27 February 2016 © The Author(s) 2016. This article is published with open access at Springerlink.com Abstract This article examines the institution of the public hearing in contem- porary constitutional systems. After considering the public hearing in light of the concept of deliberative democracy, the authors present various normative and practical measures implemented in selected countries. It is claimed that public deliberation affects the quality of legislation and makes it more legitimate. The public hearing as a stage in the legislative procedure requires a mature reciprocal dialogue between individuals and the state authorities as well as a readiness to reach appropriate decisions. The authors argue that to make the public hearing more effective, the law-maker or its organs should have a duty to inform the opinion about the extent to which the public proposals have been taken into account. Keywords Public hearing - Legislative procedures - Deliberative democracy Public consultations Introduction The purpose of this paper is to discuss and elucidate current trends in the function of the institution of the public hearing as a part of law-making process in contemporary constitutional systems. We understand the public hearing to be a discussion regarding a particular topic that is open to interested parties, including private individuals, that is based on the direct participation of these parties. In other words, the public hearing requires a personal presence and allows for an interactive debate between the participants. This debate is strictly connected with the implementation of public policies and public-good projects within a political organism, i.e. a state or ® Piotr Mikuli p.mikuli@uj.edu.pl Chair in Comparative Constitutional Law, Jagiellonian University, ul. Bracka 12, 31-005 Krak6w, Poland I Springer

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