Institutional Aspects of the Parliamentary System Presentation by Douglas Millar, formerly Clerk Assistant and Director General of Chamber and Committee Services in the House of Commons
The place of Parliament in the Constitution Most countries have a written Constitution which provides for Head of State Executive or Government The Legislature made up of one or two Houses of Parliament The Judiciary
Separation of Powers? Different political systems divide the powers of the State in different ways. The Executive – appointed by the Head of State but may be dependent on the support of the legislature. The CPA has issued some guidelines for Commonwealth Parliaments – the Latimer House Guidelines setting out the roles of each part of the constitutional model
The Parliament or Legislature (i) Usually based on election by universal suffrage Elected for a term usually of between 4 and 5 years Gives or withdraws confidence from the Executive Passes legislation Votes the national budget
Parliament or Legislature (ii) Members of Parliament benefit from freedom of speech Should operate within a framework of Parliamentary ethics Respect the Constitution and individuals’ rights Represent their electors
The Executive or Government Is accountable to Parliament and its Committees Operates within the Constitution governed by the rule of law Follows a code of ethical conduct
The Judiciary Even under the Westminster model where the Executive is based in Parliament, the judiciary is a discrete part of the constitutional arrangements Government (Executive) and Parliament operate under the rule of law which provides protection from the arbitrary use of power. Judges are independent of both the Executive and Parliament May interpret statutes when the law passed is unclear
Legislation Parliament passes laws which are passed into law when approved by the Head of State ( a formality in the UK) Law and delegated legislation may be subject to review by the Courts to ensure that they conform to constitutional provisions and treaty obligations