Parliaments

This article expands on the unique features of parliamentary systems. Pay particular attention to the discussion of the supremacy of parliament over other branches of government, and the concept of a "divided executive". What are some of the other key differences between parliaments and legislatures?

The parliamentary form of government is the most widely used form of government in the world. Because there are so many variations on parliamentary government, the following essay will outline some of the basic elements that most of these governments have in common.

The use of the term "parliament" first occurred in 1236 in England; previously, this group of the king's closest advisors had been called the "council". After agreeing to the principle of "common consent" in the Magna Carta, King John had to increase the size of this group of advisors and include more commoners. He then had to submit his requests for increased taxation to this newly expanded group. Two distinct groups emerged among the commoners: the landed gentry, and the rich merchants and lawyers.

The word "parliament" comes from the French "parler", which means "to talk" or "to discuss". English parliamentary procedure, such as Jefferson's Manual of Parliamentary Procedure, developed not to facilitate talk but to facilitate decision-making. Although the British model of parliament, known as the Westminster Model, is held up as the "Mother of all Parliaments", it is unique in that it developed over time from tradition, as opposed to being democratically enacted by way of a constitution.

Parliament was initially conceived as the superior court, and could address any grievance. The "lords" were where the main business of Parliament took place: this body was made up of dukes, earls, barons, bishops, and abbots, as well as key officers of the state, including the chancellor of the exchequer, the treasurer, the senior royal judges and key members of the household,. The "commons" were made up of petitioners and suitors. By the early 14th Century, "common" petitions began to represent the entire population and were used to resolve grievances in exchange for tax increases.

Parliamentary government is known for its unity of governmental power; however, this is different from unitary government. In fact, parliamentary governments exist in unitary systems, like France, as well as in federal systems, like India. Unity of power in parliamentary systems refers to both the electoral system as well as how government ultimately functions.

In most parliamentary systems, electors typically vote for representation in the lower house, and those elections are typically multi-party and focus more on the party than the specific candidate. Then a majority coalition in parliament selects the prime minister from amongst themselves (which now includes the upper house), and then the prime minister selects the cabinet from among the remaining members of parliament. The "Government" now consists of a majority party coalition in the lower chamber, with a prime minister chosen from among them to lead their agenda to passage, and a supportive cabinet ready to implement it: unity! (Remember: the upper house is typically a weak one with little power.)

Parliamentary government is also known for the supremacy of parliament, as opposed to a system with checks-and-balances that might severely restrict each branch of the government. It is typically tri-cameral, with a lower house (i.e., House of Commons, National Assembly, House of the People, House of Representatives), an upper house (i.e., House of Lords, Senate, Council of Elders, Council of States, National Council of Provinces), and the Monarch or President (usually an honorary figurehead). Parliament is charged with a variety of functions, including enacting laws and treaties (legislative), holding government accountable for administrative functions (executive), taxing, and addressing or inquiring into important policy matters. This last function is sometimes seen as the role of the "loyal opposition", members of parliament not in the ruling majority coalition. And finally, the upper house has historically held the powers of the judicial branch. The result is all three powers, legislative, executive, and judicial, are all found within parliament, making it all powerful, or supreme!

Parliamentary government is characterized as having a "divided executive": there is the president or monarch, who is the honorific head of state (although they can be given greater powers), and the prime minister (also called premier or chancellor), who is the head of the "government", which includes their cabinet of ministers and parliament. The prime minister is the "first among equals" because he/she was elected to be a member of parliament; they have the power to appoint/dismiss cabinet members, control the agenda, and to undertake major diplomatic/military ventures.

Many parliamentary governments function without a president or monarch, leaving the prime minister with all leadership responsibilities: others retain monarchs from the past or create the position of president to fill the ceremonial role of head of state and relieve the prime minister to focus on being the head of the government. Typically the powers of the president in a parliamentary system are limited to the formalities of dissolving parliament and signing bills into law.

The president is dependent on whatever body elected them: parliament, the voters, an electoral college, or the subunits of the country (i.e., states). The prime minister is dependent on parliament: they can be removed by a vote of censure or by parliament's refusal to pass important legislation desired by the government. If there is a vote of "no confidence", the prime minister, the cabinet, or any individual minister is obligated to resign; Germany developed the "constructive vote of no confidence" which requires a vote of "no confidence" to be accompanied by the election of a replacement.

The lower house is typically elected through universal suffrage, usually for a maximum number of years (4-5), although the lower house can be dissolved early if the ruling government faces a vote of "no confidence". The lower house selects the prime minister from among its members, which is why he/she is referred to as the "first among equals". The prime minister then selects their cabinet from among the remaining members of parliament, including the upper house members; these cabinet members then become the administrators of the programs that parliament passes. The lower house is the most powerful house, and because it best represents the people, most countries require "money bills" to originate in this house.

Membership in the upper house can be hereditary, appointed, or elected, sometimes by the subunits of government (i.e., states). There can be financial requirements, maximum age limits, and sometimes it is used as a political reward. It is the weaker he two houses, but their council was intended to remove decision making from economic considerations to a more thoughtful level, so their participation can be useful and valued.

Historically, parliamentary elections and governments are organized by their multi-party systems. Candidates for parliament typically campaign as a representative for the party, so it is the party candidate that is elected; in some countries, it is the actual party that is elected, and then the party appoints representatives that become members of parliament. In other countries, it is a combination of the two. Party leaders speak for their members, and when there are two major parties, such as in England, the minority party is referred to as "the loyal opposition".

Each house typically has a "speaker" whose job it is to preside over debate, punish noncompliant members, and may or may not be able to vote; sometimes the prime minister fills the role of "speaker". Other participants in parliament include "whips", who also discipline non-compliant party members and make sure members show up for votes, "clerks", who are procedural experts (law clerks are typically available for consultation by members of parliament), "sergeant-at-arms", who secure the physical building, and "librarians", who maintain a record of ALL references to parliament (that jurisdiction may include the entire country).

Members of parliament have two functions: the public function (interacting with people directly) is what gets them re-elected, and the parliamentary function of legislating. There can be 40+ members of parliament who serve in the cabinet, and another 30+ ministers who head departments without cabinet-level rank. These departments are staffed with civil service recruits who are selected through open competitive exams and are promoted strictly on merit, so while ministers come and go, civil servants provide continuity and professionalism. In addition to controlling government administration, government bills that relate to a minister's department are controlled by that minister. Typical departments include defense, state, treasury, commerce, education, health, and welfare.

How does a bill become law in a parliamentary system? The lower house and the upper house have similar procedures, however, the upper house is much less formal. First, a bill is deposed: it is a "public bill" if it deals with the community as a whole, a "private bill" if it deals with a subgroup within the community, or it could be a hybrid. Next is the "first reading", which is a formality to put the bill on the public record. During the "second reading" the general principles are debated, which is followed by the "committee stage" where a specialized committee examines the bill clause-by-clause. At the "report stage", the bill goes to the floor and is debated, including consideration of amendments. Finally, the "third reading" is a vote on the bill as amended by the other house, however, because the upper house is weak in most parliamentary governments, constitutions may stipulate that money bills cannot be amended or delayed, or even that bills may be presented for signing after two consecutive sessions, regardless of the disapproval of the upper house. The final stage is signing, typically by the monarch or president.


Source: Saylor Academy
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Last modified: Tuesday, September 29, 2020, 2:39 PM