| TWO - THE PARLIAMENTS |
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| Sweden - The Riksdag |
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| Description of the Electoral
Process |
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| Sweden, a country of approximately
8 million people has a parliament, called the Riksdag, made up of 349 members
elected on a proportional basis. The country is divided into 29 multi-member
constituencies, of between 2 members for the Island county of Gotland to
36 members for the County of Stockholm. The electoral system distributes
seats evenly according to the total number of votes received. 310 of the
349 seats are permanently assigned to a constituency, with the balance distributed
after the election among the parties in each constituency. To be allocated
seats parties must either receive 4% of the total votes cast, or 12% of
the votes in one constituency. |
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| Political Composition of the
Parliament |
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| The parties represented in the
Riksdag are, in order from right to left, the Moderate Party (also called
the Conservatives), the Centre Party, the Liberal Party, the Social Democratic
Party and the Left Party. From 1932 to 1976 the Social Democrats governed
alinost without interruption. That dominance lessened after 1976, since
then the clear demarcation has been between the socialist and non-socialist
parties. |
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| Term of the Riksdag, its Powers
and Procedures |
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| Elections are held every fourth
year on the third Sunday in September. The next election is in September
1998. There is provision for extra elections in exceptional circumstances
such as the government loosing the confidence of the Riksdag, but since
the new Constitution (Instrument of Government 1974) came mto force in 1975
this has not occurred. The Riksdag is the sole legislator, the old requirement
that the most important legislation be approved by both the Riksdag and
the government having been abandoned. In addition to the legislative ftinction,
the Riksdag provides a forum for the questioning of government Ministers,
and supervision of the Executive via supervisory committees and special
officers, such as the Parliamentary Ombudsmen and Auditors. |
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| Relationship of the Executive
to the Riksdag |
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| The Executive is appointed from
the Riksdag and depends on the confidence of the Riksdag to continue in
office. The government consists of the Prime Minister and other members
of the Cabinet, which must not be less than five in number. Ministers sit
in the Riksdag, but do not have a vote. Once appointed their voting places
are taken up by substitute MPs elected in the previous election. The Riksdag
chooses the Prime Minister by voting on a single candidate put before it
by the Speaker. The Speaker consults with the leaders of the Riksdag parties
prior to putting a name fonvard. If more than half of the members of the
Riksdag vote against the proposed candidate, the candidate is rejected.
In all other cases the candidate is accepted. If the Speaker is unable to
have a candidate accepted after four attempts a fresh election is called.
The Prime Minister appoints the other Ministers and the heads of various
departments of state. If the Riksdag, by vote of more than half its members,
declares it has no confidence in any Minister, the Speaker must discharge
the Minister, unless within a week the government calls an extraordinary
general election. |
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| Number of Chambers |
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| The Riksdag became bicameral
with the Riksdag Act of 1866. Debate in the 1 1960s led to the abolition
of the first chamber, with the election in the autumn of 1970 being the
first for a unicameral Riksdag. In the early seventies a complete revision
of Swedish constitutional law resulted in the Instrument of Government 1974
and Riksdag Act 1974, which remain in force. |
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| The First or Upper Chamber of
the Riksdag, represented county and city councils of the largest municipalities.
It was designed as a conservative check on the more popularly elected Second
or Lower Chamber. Its predominant effect over its last thirty or so years
was to stabilise the continuance in government of the Social Democratic
Party. Revision of the Constitution to introduce one chamber, and alter
the system of voting in the remaining Chamber to a purely proportional one
was driven by a perceived need to reform the system so that it more accurately
reflected the will of the electorate. |
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| Design of the Structure and
Operation of the Remaining Chamber after moving to Unicameralism |
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| There are six main
elements of the unicameral Riksdag which are identified as replacing positive
aspects of the bicameral system:
1. procedural rights given to a minority
of the Riksdag
2. the lack of a rule requiring members to
live in the areas they represent is seen as likely to increase the chances
of providing a better range and quality of candidates,
3. the electoral system was reformed to provide
that parties meeting the threshold of 4% nationally or 12% in a constituency
receive the same proportion of Riksdag seats as they do votes,
4. the comparatively large size of the Riksdag,
as a unicameral legislature, means that it is well populated to provide
sufficient parliamentarians to sit on the range of committees,
5. the sixteen Committees are specialist
in so far as each deals with legislation within a distinct subject area,
and
6. the Committees are empowered to initiate
matters on a far wider scale than previously.
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| Checks on the Riksdag |
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| General |
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| Electoral System |
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| In Sweden the move from a bicameral
to a unicameral parliament was viewed as necessarily associated with a review
of the electoral system. This was connected with the composition of the
two houses becoming similar. with members from the second or lower chamber
frequently moving up to the first chamber. The terms of the two chambers
differed, the first had a term of eight years and the second a term of four.
Although the first chamber had the democratic legitimacy of being elected
by municipalities and councils, it came to reflect public opinion that was
about six years old, whereas the second chamber was based on opinion only
about two years old. |
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| After World War Two, the second
house (which at the time was elected under the Sainte-Lague method of proportional
representation) was mostly evenly divided between socialist and non-socialists.
It was the first chamber's predominantly social democratic majority that
supported the Social Democrats' long period in government. Part of the reason
for the conceptual connection between the electoral system and the number
of chambers was concern about how a single house would represent the councils
and municipalities which had been represented in the first house. |
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| Number of Members |
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| The size of the Riksdag is an
important factor. Its 3419 members ensure there are enough members to sit
on a comprehensive range of parliamentary committees, and compensates for
the loss of the members provided for such work by the first house. Another
important factor is the provision of substitute members to take the place
of the Speaker, Deputy Speakers, |
| government members and members
on leave for extended periods of time. Substitute members are effectively
standby members. |
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| (ii) Passage of Legislation |
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| Committees |
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| There are sixteen permanent committees
and one advisory committee on European Affairs. The Riksdag may also appoint
additional committees for specific purposes. The committees are appointed
for the same period as the Riksdag. Committees may meet jointly where the
subject matter being dealt with crosses different committee areas. The committees'
main tasks are to consider all bills referred to them from the Chamber and
report back to the Chamber with their views. |
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| The committees also have the
right, within their fields of competence, to take the initiative of proposing
action to the Chamber. All business of the Riksdag (including all bills)
must pass through the appropriate committee. Membership of committees is
proportionate to the party share in the Chamber and there are currently
17 members on each committee and up to 26 alternates. The Foreign Affairs
Committee is unique in that it does not report to the Chamber and has special
consultation procedures with the government. |
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| Scrutiny of the Executive |
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| Riksdag Committee on the Constitution |
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| The Committee on the Constitution
is constitutionally required to examine Ministers' performance and their
handling of government business. This scrutiny is intended to be primarily
concerned with administrative and not political aspects of Ministers' tasks,
although politics inevitably plays a role in responses to the Committee's
annual report to the Riksdag. |
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| Interpellation and Questions
in the Riksdag |
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| There are three forms
of questions which may be put:
1. an interpellation, which must ordinarily be answered
within two weeks,
2. a written question which must usually
be answered within a week, and
3. a short oral question, put during the
weekly question time, one hour every Thursday.
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| If an answer is not given within
the time limit an explanation must be given. |
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| Urgent Debates |
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| Party groups may request the
Speaker to organise a debate on a matter of current interest at short notice. |
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| Separation of Executive and
Legislature |
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| Once a member of the Riksdag
is appointed to the Ministry they cease to have a vote in the Riksdag. Their
voting place is taken by one of the substitute members elected at the previous
election. While ministers do not vote they still have a seat, take part
in debates and answer questions. Thus, although the Ministry remains backed
by a majority in the chamber, as in the UK, there is a greater degree of
separation between members who are part of the executive and members who
are legislators. |
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| Defence of the Constitution
and Human Rights |
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| Restrictions on Powers to.
Alter Certain Constitutional Provisions |
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| There are four laws referred
to as Sweden's constitutional laws. The Instrument of Government 1974, the
Freedom of the Press Act, the Freedom of Expression Act, and the Act of
Succession. The Riksdag Act has intermediate status between a Constitutional
Law and ordinary statute. |
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| There has been antipathy from
the left in Swedish politics to entrenched constitutional rights enforceable
by the Courts. The Swedes like the UK, have relied on the democratic process
itself as the ultimate protector of liberty. Unlike in the UK however, Sweden
has developed protections for the functional elements of representative
democracy by entrenching provisions to do with freedom of information and
freedom of expression. |
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| There is also a complex hierarchy
of other rights (including the European Convention on Human Rights, incorporated
in an ordinary statute) which are procedurally protected in a range of ways.
The focus in Sweden however has been on pre-legislative measures, not post-legislative
judicial review, although that has started to develop. |
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| Redress of Grievances |
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| Parliamentary Ombudsmen |
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| The office of Parliamentary Ombudsman
has existed since 1809. There are currently four Ombudsmen, elected by the
Riksdag for four year terms. Ombudsmen investigate complaints brought to
them by citizens about any aspect of municipal or central government or
the judiciary. They make findings which they convey to the agency concerned
and in serious cases may request disciplinary action against officials or
prosecute for breach of duty. The Ombudsmen also have a general role of
reviewing legislation and may present proposals for law reform directly
to the Riksdag or the government. They present an annual report which is
examined by the Standing Committee on the Constitution. |
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| Other Protections Against
the Abuse of Power |
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| Parliamentary Auditors |
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| The Riksdag Auditors are 12 members
of the Riksdag appointed by the Riksdag to scrutinise central government
activities |
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| Law Council Review |
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| In principle major draft legislation
must be referred to a Law Council, made up of members of the Supreme Court
and the Supreme Administrative Court, although it is not mandatory for all
legislation. The Council has the task of checking the constitutionality
of laws, ensuring consistency and preserving the principle of the rule of
law in the legislative process. Committees of the Riksdag may also ask the
Law Council for its opinion on measures. The Council's advice is not binding
on the Riksdag, and clearance by the Law Council does not preclude the possibility
of the legislation later being set aside by judicial review for unconstitutionality. |
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| Rights of a Minority of Members
of the Riksdag |
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| The power of the
majority in the Riksdag is tempered by the following provisions which give
certain minorities in the chamber procedural rights:
1. one third of the Chamber can send a report back to a committee
for lurther consideration,
2. one third of a committee can request information
and opinions from public authorities,
3. one third of MPs (including the government)
can require the Speaker to summon the Riksdag to plenary session during
a recess,
4. one tenth of the MPs can request a vote
of no confidence,
5. a government proposal affecting the fundamental
rights and freedoms may be held in suspense at the request of 10 MPs unless
5/6ths of the MPs approve the bill,
6. if one tenth of the MPs request and one
third then vote in favour, a referendum is held in respect of an amendment
to a fundamental law held in suspense over an election.
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| Speaker's Powers in Respect
of All Matters Going to the Chamber |
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| All matters, from questions to
Ministers to legislation must be passed by the Speaker. The Speaker may
decline, with reasons, to submit a matter to the Chamber if it violates
the Constitution or the Riksdag Act. If the Chamber disagrees with the Speaker
the matter is referred to the Committee on the Constitution. If that Committee
finds that the matter is not in breach of the Constitution or the Riksdag
Act then the matter goes to the Chamber. |
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| Denmark - The Folketinget |
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| Description of the Electoral
Process |
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| Denmark, a country of about S
million people, has a legislature, the Folketinget, made up of 179 members
directly elected on a proportional basis. Electors either cast a personal
vote for a candidate or vote for one of the party lists. Of the 175 seats
reserved for Denmark, 135 are distributed among constituencies. The 40 remaining
are distributed to ensure proportionality of representation amongst the
parties. The threshold for gaining a seat is winning one constituency seat,
2% of the valid votes cast in the country or having at least as many votes
as the average number of valid votes cast in the region, per constituency
seat. In addition there is a threshold to reach before being allowed to
stand, of either being previously represented in the Parliament, or gathering
the supporting signatures of 1/175th of the votes cast in the last election.
Persons not elected are placed on a list of substitute members by the Ministry
of Justice after the election. Four seats are allocated, two each to the
Faroe Islands and Greenland. |
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| Political Composition of the
Parliament |
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| The Conservative and Liberal
parties both emerged as clubs in the Rigsdag (the bicameral parliament established
in 1849, consisting of the Folketing and the Landsting) and were established
by 1870. The Social Democrats were formed outside the Parliament in the
early 1 1870s. Parties have also emerged from single issues, such as the
Christian Peoples Party, the Pensioners Party, the Unemployment Party and
the Green Party. Nine parties stood in the 1994 election, with eight being
elected. |
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| Term of the Folketinget, its
Powers and Procedures |
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| Elections are held at least every
four years, although the Prime Minister may call snap elections. The Folketinget
jointly with the Monarch is the legislator, although, as in the UK, the
Parliament is supreme in practice. |
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| Most bills are introduced to
the Folketinget by the government although any member does have the right
to do so. Bills receive three readings, with a committee consideration stage
after the first, and if necessary also after the second. A bill becomes
law with confirmation by the Monarch. |
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| Apart form the legislative function
the Folketinget's other key function is supervision of acts of the government
and executive. It has the power to force a minister's or government's resignation
by vote of no confidence, it controls finance, it elects the State Accountant
to scrutinise public accounts, it may prosecute a minister for misconduct,
and it debates and queries the government's policies. |
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| Relationship of the Executive
to the Folketinget |
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| Following an election the Monarch
consults the leaders of the parties elected to the Folketinget and then
designates the majority leader to form the government. The designated leader
then appoints the Ministry. Ministers do not have to be members of the Folketinget,
but usually are. The principle that the executive must have the confidence
of the parliament was confirmed in 1901 and formalised in the constitutional
amendment of 1953. The executive is headed by the Monarch. it also comprises
the Prime Minister and other ministers. Ministers are responsible for the
work of their department, and all decisions are made in the Minster's name. |
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| Number of Chambers |
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| The constitution of 1849 introduced
a two chamber parliament (the Rigsdagen) with a directly elected lower chamber
(the Folketing) and an upper chamber elected indirectly via an electoral
college (the Landsting). Over the next hundred years various amendments
made the Landsting obsolete. After the Second World War a Constitutional
Committee was formed which led to a new Constitution Act of the Danish realm
on 5 June 1953. This Act abolished the Landsting. |
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| Design of the Structure and
Operation of the Remaining Chamber after moving to Unicameralism |
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| The 1953 Constitution in addition
to abolishing the Landsting also introduced other reforms which strengthened
checks on executive power. The principle of cabinet responsibility to the
parliament was formalised. There was a new provision for one third of the
members of the Folketinget to have any law passed put to referendum for
confirmation, with the exception of financial laws. An Ombudsman was introduced,
and various constitutional guarantees of rights were introduced or strengthened. |
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| Checks on the Folketinget |
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| General |
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| The Electoral System |
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| The Danish proportional electoral
system is similar to Sweden's and New Zealand's in that seats are allocated
at two levels, first in multi-member constituencies and second from lists
to ensure that the proportion of seats allocated in the parliament reflects
the proportion of a party 's vote. The system has led to the predominance
of coalition governments, with the necessary constraints this imposes on
individual parties. |
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| Passage of Legislation |
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| Referendum Referral by a Minority
of the Parliament |
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| Under the Danish
Constitution there are five circumstances in which a binding referendum
is held:
1. In respect of a bill (except finance, taxation,
naturalisation and expropriation bills) a third of the Folketinget can
require the bill be put to referendum before it becomes law. If a majority
making up one third of those entitled to vote, vote against the bill,
it is void. This procedure has been used once.
2. If less than 5/6ths of the Folketinget
vote in favour of a Treaty ceding sovereignty (for instance accession
to an EU Treaty), but more than half, then the bill is put to referendum.
If a majority making up one third of those entitled to vote, vote against
the bill, it is void.
3. In respect of international treaties if
the Folketinget so decides, and the treaties concerned do not otherwise
involve a ceding of sovereignty such as to trigger the ceding of sovereignty
provision in the Constitution.
4. In respect of constitutional amendments:
first the Folketinget passes the amendment, an election must then be held
and after the election the amendment is put to referendum. The amendment
passes if a majority making up 40% of those entitled to vote, vote for
it.
5. When altering the voting age: first the
Folketinget passes the bill, the bill is put to referendum. and if it
gains the support of a majority making up 30% of those entitled to vote.
it is passed.
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| The Folketinget can hold a consultative
referendum, and to date has done so once. |
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| Committees |
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| The Folketinget has 24 standing
committees, corresponding generally to the work of a ministry. Each committee
has 17 members. Committee seats are allocated according to party strengths
in the Folketinget. Committees examine bills as part of the legislative
process, make investigations and may question the minister responsible for
the bill. Committees also have a general power to initiate investigations
of government and administration within their area of competence. |
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| Scrutiny of the Executive |
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| See above for discussion of the
general investigative role of parliamentary committees and below, for discussion
of the Ombudsman. |
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| Defence of the Constitution
and Human Rights |
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| See above for discussion of the
procedure for constitutional amendment. |
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| Redress of Grievances |
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| Ombudsman |
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| The Constitution requires the
Folketinget to elect at least one Ombudsman. The Ombudsman is elected after
each general election. The Ombudsman reports to the Folketinget both annually
and in respect of specific complaints received where the Ombudsman judges
them to involve errors or deficiencies of administration of major significance.
Although appointed by the Parliament, the Ombudsman is an independent officer
and may not be a member of the Parliament. In addition to investigation
of matters brought to the Ombudsman by citizens, the office also has the
power to initiate its own general investigations into matters of public
interest. |
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| New Zealand - The House of Representatives |
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| Description of the Electoral
Process |
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| New Zealand, a country of just
over three million people has a parliament of 120 members. Since 1996 they
have been elected by a mixed member proportional (MMP) system. Voters have
two votes, one for a constituency member of parliament and one for a party
list. Sixty members of parliament are elected from constituencies, 5 from
special Maori seats and the balance of 55 from the party lists. To gain
a list seat a party must poll above 5% of the party vote, or win an electorate
seat. List seats are distributed among the parties to ensure the proportion
of seats a party has in Parliament matches its proportion of the total vote. |
| Vacancies in electorate seats
are filled by by-election, and list seats by the next candidate on the list. |
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| Political Composition of the
Parliament |
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| New Zealand politics has been
dominated by two main parties for much of this century, the National Party
(conservative) and the Labour Party. During the 1980s this dominance waned.
Associated with the move from first past the post voting to MMP there has
been a proliferation of parties, with National and Labour remaining the
major right and left wing parties respectively. In addition there is the
New Zealand First Party, a populist right wing party, currently in a governing
coalition with the National Party, the Alliance Party (a combination of
three other parties, the Democrats, New Labour and the Greens) and ACT,
or the Association of Consumers and Taxpayers. |
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| Term of the House of Representatives,
its Powers and Procedures |
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| The New Zealand parliament is
elected for a three year term, although the Prime Minister may advise the
Governor-General to call an election prior to the end of that term. The
House of Representatives is the sole and all powerful legislature. It may
make laws in any area and there is no comprehensive written constitution
constraining it. Bills receive three readings and are subject to select
committee scrutiny where public submissions may be heard. After third reading
they become law with the assent of the Governor-General. |
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| Relationship of the Executive
to the House of Representatives |
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| The Ministry is made up of the
majority parties in the Parliament. The Prime Minister in a National lead
government then appoints ministers. All ministers are nominally answerable
to Parliament, which could force their resignation by a vote of no confidence.
The current government is the first elected under the MMP voting system.
An innovation in political arrangements is the formal coalition agreement
between the two governing parties, which provides amongst other things for
the apportionment of cabinet posts between the parties. |
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| Number of Chambers |
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| Since 1 January 1952 New Zealand
has been a unicameral state. Prior to that the New Zealand Parliament was
constituted by a lower house called the General Assembly and an upper house
called the Legislative Council. The General Assembly was elected on a first
past the post basis. The Legislative Council, nominated by the government,
was an instrument of patronage and had become obsolete in so far as it did
not function as a check on the power of the lower house. |
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| Design of the Structure and
Operation of the Remaining Chamber after moving to Unicameralism |
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| The abolition of the upper house
contrasts with the Danish and Swedish moves to unicameralism. In New Zealand
no significant work was done on the likely effect of abolition and no reforms
comparable to the checks introduced in Denmark and Sweden (e.g. the altered
voting systems, or Ombudsmen) were immediately introduced. After abolition
little more happened in the way of constitutional reform to introduce checks
on government until the late 1970s and 1980s. The closest thing to consequential
reform was the Electoral Act 1956 which, with joint party support, sought
to entrench key electoral provisions, in particular the Parliament's term. |
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| Checks on the House of Representatives |
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| General |
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| Until the 1 1980s the New Zealand
Parliament was characterised by very few checks or balances, triennial elections
being the only significant one. During the eighties however a reform process
began, which like those in British Columbia, Queensland and to an extent
now in the UK turned the situation around, with the introduction of a range
of constitutional reforms from MMP to a statutory bill of rights. |
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| Mixed Member Proportional
electoral System |
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| The new electoral system, with
the likelihood of producing either minority governments Or coalition arrangements
is initially likely to be less accommodating of strong executive power.
The first past the post system produced (almost always) clear majorities
in the House of Representatives, which was effectively captured by those
majorities. There remains the possibility though that a stable coalition
may emerge as has occurred in Germany, which has had the same electoral
system and coalition government for almost eighteen years now. For the moment
however, the nature of the breakdown of New Zealand parties, with at least
two parties on either side of the political divide, means that the range
of parties in the House is likely to increase the power of the House to
exercise real control over the Executive. |
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| Referendums |
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| Referendums may now occur in
New Zealand in two distinct circumstances. First are those which are put
on a particular issue, such as the 1993 referendum on the electoral system,
or the 1997 referendum on superannuation. They may be either binding or
non-binding. The second are those held under the Citizens Initiated Referenda
Act. That Act allows for a certain number of electors to petition for a
referendum on a particular issue. The referendum outcome is non-binding.
There has been one such referendum, concerning whether the number of fire-fighters
should be reduced. The fire-fighters' cause won soundly but the result was
not taken seriously by the government and it is too early to tell whether
the Act will produce real constraints on the policies pursued by the government. |
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| Passage of Legislation |
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| Committees |
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| The committee system was substantially
reformed in 1985, extending the jurisdiction and powers of the parliamentary
committees. The advent of MMP is likely to increase the importance of committees
in the parliament, as they are no longer controlled by a single governing
party. Committees have a range of roles including: examining all bills except
those being dealt with under urgency or Appropriation and Imprest Supply
bills, general inquiries within their subject areas, in respect of the Finance
and Expenditure Committee, financial scrutiny, and consideration of petitions
to parliament. There are currently twelve standing committees based around
government department subject areas and four specialist standing committees
concerned with parliamentary administration (e.g. the House Business Committee).
The enlargement of the Parliament under MMP has also allowed an increase
in committee membership from five to eight. Membership reflects party balances
in the House, but is ultimately at the recommendation of the House Business
Committee. |
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| Scrutiny of the Executive |
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| Parliamentary Questions |
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| There is a question time on every
sitting day. Questions fall into three categories: 1, written questions,
which are answered in writing, 2, questions put on notice which are answered
orally and in respect of which supplementary questions may be put, and 3,
urgent questions not on notice concerning events arising after the lodging
of oral questions. There is a limit to the number of oral questions accepted
for each sitting day, but question time goes on until they are all dealt
with. The opportunity to put questions is allocated between the parties
according to their membership in the House. |
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| Defence of the Constitution
and Human Rights |
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| New Zealand Bill of Rights
Act 1990 |
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| This Act is an ordinary statute,
intended to provide strong interpretative guidance to the New Zealand Courts.
The parliament can pass laws contrary to its provisions but if it appears
that a bill contravenes the Act the Attorney General must bring this to
the attention of the House. So far its major impact has been in case law,
in particular in the area of criminal procedure. |
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| Redress of Grievances |
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| Ombudsman |
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| The Ombudsman is empowered to
investigate complaints lodged with her or him (there is no parliamentary
filter as in the UK) and also to make general inquiries of its own initiative
into matters of general administration. |
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| Other Protections Against
the Abuse of Power |
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| Treaty of Waitangi/Te Tiriti
o Waitangi |
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| This treaty, upon which European
settlement in New Zealand is in part based is now regarded as one of New
Zealand's constitutional documents. It was first included in New Zealand
Statute law in the Treaty of Waitangi Act 1972 which established the Waitangi
Tribunal. The Tribunal has the task of investigating grievances concerning
breaches of the Treaty. It is now also included in various other statues,
usually in an initial purposes and principles section. Its insertion in
this form in the State Owned Enterprises Act 1986 lead to the Maori Council
challenging the government's transfer under that Act of large tracks of
Crown land. The transfer having been held contrary to the principles of
the Treaty the government was forced to amend the statute. |
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| Queensland - The Legislative Assembly |
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| Overview |
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| Description of the Electoral
Process |
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| Queensland, one of the Commonwealth
of six constituent States, with a population of about three million, has
a Legislative Assembly with 89 members elected with an optional preferential
voting system, which ensures that the candidate elected receives a majority
of the votes cast. The Electoral Act 1992 contains a threshold requirement
for parties seeking registration: either already having a member in the
Assembly or a minimum membership of 500 electors. This has hindered the
appearance on the ballot paper of minor parties, although, given the electoral
system, it is difficult for minor parties to be elected. |
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| Political Composition of the
Parliament |
| |
| Queensland has had remarkably
stable government for much of this century. From 1915 to 1957, when the
Labor Party split (and with the exception of 19219-32) the Labor Party held
power. From 1957 to 1989 the conservative Liberal-National coalition held
power. The State currently has a Liberal-National government, holding 44
seats and which is also dependent on the support of an independent member. |
| |
| Term of the Legislative Assembly,
its Powers and Procedures |
| |
| Elections are held at least every
three years, with the possibility of early elections if the Premier calls
one. The Assembly is chaired by an elected Speaker, who, unlike in Westminster
does not resign from her or his party and must still contest elections.
The Assembly is the legislative arm of the Queensland government. Legislation
passes through three readings and since the establishment in 1995 of six
standing committees, committee scrutiny also. Prior to 1995 the legislative
process of the Queensland Parliament was, to say the least, efficient. While
the Assembly is sitting there is a weekly Question Time during which government
Ministers are open to question. |
| |
| Relationship of the Executive
to the Legislative Assembly |
| |
| The Government is made up of
the majority party or parties in the Assembly. The leader of the Government
is called the Premier. In Liberal-National governments the Premier selects
members to become ministers and apportions portfolios. In Labor governments
the party caucus elects members to become ministers and the Premier then
apportions responsibilities. |
| |
| Number of Chambers |
| |
| The Colony of Queensland was
created by separation from the colony of New South Wales on 6 June 1859.
It was created with a bicameral legislature, an elected lower house, the
Legislative Assembly and an appointed upper house, the Legislative Council.
The Council largely came to represent conservative interests. Early this
century the Labor Party included abolition of the upper house in its manifesto.
It carried through abolition in 1922. |
| |
| Design of the Structure and
Operation of the Remaining Chamber after moving to Unicameralism |
| |
| As with New Zealand abolition
of the upper house was not accompanied by corresponding reform of the lower
house or other constitutional reform. Furthermore, the electoral system
and |
| Queensland voters have favoured
long periods of government by one party. The period of one party domination
ended in the 1980s when a series of corruption scandals lent impetus to
a wide range of reforms in Queensland. A number of the reforms so far, and
those mooted to come (including reintroduction of a second chamber) do establish
more significant checks on the majority party in the Legislative Assembly. |
| |
| Checks on the Legislative Assembly |
| |
| General |
| |
| The Federal System |
| |
| The Commonwealth of Australia,
now comprising six States and two mainland Territories, was formed in 1901.
Federation was the outcome of a series of conventions and referenda throughout
the 1 1890s. Federation brought together what were previously colonies of
the United Kingdom. Power is divided between State and Federal governments
in the Constitution. The two Territories operate under self government Acts,
much like the States, but importantly (and similarly to Scotland in relation
to Westminster), remain under the ultimate control of the Federal Parliament
in Canberra, which can override any law the Territories pass. |
| |
| The federal system has given
rise to a complex network of inter-governmental relations, and where disagreements
have arisen between governments, case law on the respective competencies
of the governments. The arbiter of disagreements between governments is
the High Court of Australia, which sits at the apex of the Australian court
system, and is the final court of appeal from both State and Federal courts. |
| |
| As in Canada the federal system
provides a check on powers of the Queensland Parliament in so far as it
constrains the Queensland Parliament to act within the competencies of its
powers as a State. The restriction while not a pervasive cure for all maladministration
can in certain cases have significant consequences, as in the landmark case
of Mabo v Queensland (No 2) ((1992)175 Commonwealth Law Reports,
1) in which the High Court of Australia held that the Queensland Coast Islands
Declaratory Act 1985 (QED) was invalid because it was inconsistent with
section 10 of the Racial Discrimination Act 1975 (Commonwealth). The Queensland
Act sought to extinguish the traditional land rights of the local indigenous
people. |
| |
| Passage of Legislation |
| |
| Parliamentary Committees Act
1995 |
| |
| Revelations of corruption uncovered
in the 19189 Fitzgerald report (Commission of Inquiry into Possible Illegal
Activities and Associated Police Misconduct) led the Commission to recommend
inter alia the introduction into the Queensland legislative process
of a comprehensive system of legislative committees to enhance the oversight
abilities and monitoring of the Executive. That report was followed by a
further report in 1992 by the Electoral and Administrative Review Commission
with similar recommendations and ultimately by the Parliamentary Committees
Act 1995. That Act establishes six permanent statutory committees. Additional
committees can also be created by resolution of the Legislative Assembly
or an Act of Parliament. |
| |
| Committees are made up of six
members, three from the government and three from the opposition. The Chair
is a government member and has a casting vote. The committee sessions are
usually open to the public. Committees can call for public submissions and
hold public inquiries. Public servants can be called before committees to
answer questions about government activities and programmes. |
| |
| In addition to those eight committees
there is also a series of six Estimates Committees, established in 1994
and which scrutinise government expenditure proposals from each department. |
| |
| This comprehensive committee
system is in stark contrast to the situation prior to its introduction when
the legislative process in Queensland was marked by lack of constraints
on the powers of the government to use its majority in the House to pass
laws. |
| |
| Scrutiny of the Executive |
| |
| See the discussion of the parliamentary
committee system. |
| |
| Defence of the Constitution
and Human Rights |
| |
| Proposed Bill of Rights |
| |
| In addition to the Federal Constitution
and its limited rights the Legal Constitutional and Administrative Review
Committee (LCARC) of the Legislative Assembly is currently considering a
proposal to introduce a bill of rights in Queensland. |
| |
| Suggested Reintroduction of
a Second Chamber |
| |
| In 1997 the LCARC produced an
Information paper on Upper Houses in response to public debate within Queensland
concerning the possibility of reintroducing an upper house. Such a public
debate has resonance with the proposals which arose in New Zealand in the
1980s, also concerning reintroduction of a second house. Whether, as occurred
in New Zealand with the introduction of MMP, other constitutional reforms
reduce the impetus to reintroduce a second house as a way of checking the
power of the Legislative Assembly's majority remains to be seen. As in Sweden
(in the late 1960s) and New Zealand (in the last decade) the issue of a
second house and electoral reform were linked, with the introduction of
a changed voting system obviating the need for a new second chamber, the
chamber's old majority being broken up by the new voting system. |
| |
| Redress of Grievances |
| |
| Ombudsman |
| |
| Queensland has had an Ombudsman
in the UK model since the introduction of the Parliamentary Commissioner
Act 1974. An interesting and recent development in respect of that office
is the LCARC's receipt of complaints about the Ombudsman's office itself,
leading it to use its powers under the Act to establish a standing policy
for dealing with complaints against the Ombudsman. In setting up the policy
the LCARC made clear that it may not investigate individual complaints but
it can make investigations about general administrative practices. |
| |
| Other Protections Against
the Abuse of Power |
| |
| Special Commissions of Inquiry |
| |
| Queensland was rocked in the
1 1980s with revelations of corruption in the State's police force, reaching
the Police Commissioner and a number of conservative cabinet ministers.
The Criminal Justice Conimission was set up and its inquiries eventually
lead to the jailing of a Police Commissioner and four National Party Cabinet
Ministers. The Commission is overseen by the Parliamentary Criminal Justice
Committee. The Committee and the Commission form a two tier check on corruption
in Queensland. |
| |
| Quebec - The Assemblée nationale Overview |
| |
| Description of the Electoral
Process |
| |
| Quebec, Canada's francophone
Province has a population of just over 7 million The Quebec Parliament,
called the Assemblée nationale dates back 206 years and is made up of 125
members elected on first past the post basis from individual constituencies. |
| |
| Political Composition of the
Parliament |
| |
| The first past the post system
has led to a predominantly two party system, with single party governments
for long periods of time. There have been occasional break-throughs by third
parties. The current government is the separatist orientated Parti Québécois. |
| |
| Term of the Assemblée nati
on ale, its Powers and Procedures |
| |
| The maximum period between elections
is five years, with elections commonly being held anywhere in the fourth
year. The Assemblée must sit every year. Being based originally on the Westminster
system, the Assemblée is responsible for passing bills which then go to
the Lieutenant-Governor for assent. The Assemblée is chaired by a President,
elected at the first session after an election. The Assemblée contains a
number of Standing Committees through which bills pass for detailed scrutiny. |
| |
| Relationship of the Executive
to the Assemblée |
| |
| The leader of the majority party
in the Assemblée forms the government and is the Premier. The Premier has
the task of appointing the other ministers, all of whom sit in the Assemblée
(although it is possible for them not to do so). |
| |
| Number of Chambers |
| |
| Until 1968 the Quebec Parliament
also included an upper house called the Legislative Council. The Legislative
Council, except for an 11 year period in the middle of last century was
made up of members appointed by the Crown. At abolition in 1968 the lower
house was renamed the Assemblée nationale. The upper house was viewed as
a redundant overhang of patronage and lacking in democratic legitimacy. |
| |
| Design of the Structure and
Operation of the Remaining Chamber after moving to Unicameralism |
| |
| As in New Zealand and Queensland
there was no major consequential constitutional reform with the inove to
unicameralism. While there has been some pressure to move to a |
| proportional voting system this
has not led to any change yet. Significant structural reform was carried
out to the Parliament's procedures and in particular the committee system
in 1984. |
| |
| Checks on the Assemblée nationale |
| |
| Passage of Legislation |
| |
| Jurists |
| |
| The Quebec legislative scheme,
although not rigid, usually provides for a range of pre-legislative checks
on the content of legislation. Typically this begins with the Jurists who
take proposals for legislation from Ministers and carry out comparative
studies of similar legislation in other jurisdictions. They then begin to
compile the contents of a bill and analyse the effect of the new legislation
in conjunction with other government services. The Jurists then prepare
a draft bill which is released for consultation. Once the bill has been
approved by the Executive Council, the Legislation Committee, which is a
committee of the Cabinet, analyses the bill, also checking that it is consistent
with other Quebec laws. |
| |
| Since 1978 the Jurists have also
had a general ongoing task of reviewing legislation and regulations. |
| |
| Committees |
| |
| Committees average between 10
and 15 in membership. There are currently ten sectoral committees. Membership
reflects the party composition in the house. Coinmittees scrutinise bills
in detail and any member of the Committee may suggest amendments. In certain
instances the Committees can hear evidence from the public. The committee's
work is then reported to the Chamber. |
| |
| Since 1984 Committees have had
the power, with the consent of a majority of their membership, to examine
a particular issue on their own initiative. This may be a draft regulation,
the workings of a public agency, financial commitments or a matter of public
interest. |
| |
| Scrutiny of the Executive |
| |
| Questions |
| |
| Tile Assemblée's standing orders
provide for questions to Ministers. There has also been since 1978 a system
know as interpellation which allows the Opposition to initiate a debate
on a subject of its choice in a Committee of the Whole on Friday mornings. |
| |
| Auditor-General |
| |
| The Auditor General conducts
annual reviews of the government's accounts. The office is also authorised
to carry out reviews of the efficiency, effectiveness and economy of government
activities. |
| |
| Defence of the Constitution
and Human Rights |
| |
| The Federal Constitution and
Charter of Rights and Freedoms |
| |
| Canada has had a federal form
of government since 1867. The country is now made up often Provinces and
two Territories. It operates under the 1982 Constitution, which is a patriated
consolidation of the various British North America Acts I 867-1975 and the
Canadian Charter of Rights and Freedoms. It has a federal parliament of
two houses, an elected (on a constituency first past the post basis, on
average every four years) House of Commons and an appointed Senate. Senators
are appointed on a regional basis by the Prime Minister. Although the Senate
has prima facie almost the same power as the House of Commons, it
is not regarded as a real hindrance to the government which is made up from
the majority in the House of Commons. |
| |
| The powers of the Assemblée are
limited by the allocation of powers in the Constitution of Canada. The Canadian
Provinces can amend some provisions of their provincial Constitutions but
they cannot touch the office of Lieutenant Governor, restrict the franchise
or qualifications of their parliaments, nor extend their lives. They are
also constrained by the provisions of the Canadian Charter of Rights and
Freedoms, which is a part of the Federal Constitution, and which itself
cannot be amended by any one Province acting alone. |
| |
| A corollary' of the federal system
and its constitutional division of legislative competencies is that Acts
of legislative bodies within the system are open to challenge judicially
on the grounds that they are ultra vires the parliament concerned.
As noted with respect to Australia the levels |
| of government tend to act as
a watchdog on each other, each ready to protect its own territory of legislative
competency. |
| |
| The final arbiter of disputes
between the government is now the Supreme Court of Canada, which is the
final court of appeal from both Provincial and Federal courts. |
| |
| Redress of Grievances |
| |
| Ombudsman |
| |
| The Ombudsman has jurisdiction
to hear citizens' complaints about maladministration. He or she is appointed
by the Parliament and can be dismissed on a two thirds vote. |
| |
| British Columbia - The Legislative Assembly |
| |
| Overview |
| |
| Description of the Electoral
Process |
| |
| British Columbia, a Province
of Canada with a population of about four million has a Legislative Assembly
of 75 members, elected on a first past the post basis from 75 constituencies. |
| |
| Political Composition of the
Parliament |
| |
| The Legislative Assembly, until
the last decade or so was dominated by one party' or another for significant
periods of time. |
| |
| Term of the House of Representatives,
its Powers and Procedures |
| |
| The Legislative Assembly's maximum
term is five years. Subject to the Constitution Act 1982 (Commonwealth)
the Assembly has full legislative power, including the ability to amend
the Province's Constitution, with the exception of the office of the Lieutenant
Governor. |
| |
| Relationship of the Executive
to the Legislative Assembly |
| |
| The government consists of the
Premier and various ministers. The majority party in the Assembly forms
the government, with the leader becorning the Premier and appointing other
ministers. |
| |
| Checks on the Legislative Assembly |
| |
| Passage of Legislation |
| |
| Initiative |
| |
| British Columbia passed the Recall
and Initiative Act in 1996. The Act allows voters to propose either new
laws or amendments to current ones. Any registered voter can set the process
in motion. A deposit fee is required and the proposer's draft bill must
be approved by the Chief Electoral Officer prior to signatures in support
of the measure being sought. If approval is given and 10% of registered
voters sign the petition in favour of the measure, then the measure goes
to the Select Standing Committee on Legislative Initiatives. The measure
is then either adopted as an ordinary bill, following the usual legislative
procedure, or, if not adopted put to referendum. If more than 50% of the
total number of registered electors in the Province vote in favour and more
than 50% of the total number of registered voters in each of at least 2/3rd
of the Povince's electoral districts vote in favour then the government
must implement the measure legislatively as soon as possible. Experience
in New Zealand with the Citizens Initiated Referenda Act shows that when
this novel form of legislating is introduced into a system which has not
previously had such a law, it will be used by voters. |
| |
| Committees |
| |
| In the last ten years the Committee
system has been resuscitated in British Columbia, with subject area committees
being established with investigative powers. |
| |
| Scrutiny of the Executive |
| |
| Auditor |
| |
| The office of the Auditor General
audits most of government, including the ministries, crown corporations
and other organisations. The Office makes public reports to the Legislative
Assembly. |
| |
| The audit role is
framed widely. and has four main goals:
1. contributing to an effective accountability relationship
between government and the Legislative Assembly
2. assessing whether the accountability information
provided by the government to the Legislative Assembly and public is fair
and reasonable
3. assessing and providing advice on government
performance
4. ensuring the office itself is an effective
organisation.
|
| |
| Recall |
| |
| This procedure is set out in
the Recall and Initiative Act 1996. Broadly the Act allows for British Columbian
voters to petition for the removal of a member of the Legislative Assembly
between elections. A recall petition can not be made in the first 18 months
after an election. If approval is given by the Chief Electoral Officer to
go ahead with the recall process the proponent has sixty davs within which
to collect 40% of the signatures of the voters registered in the member's
electoral district at the last election and who are still electors in British
Columbia. If after a verification process it is confirmed that the requisite
number of signatures has beeng collected then the member ceases to hold
office and a by-election must be called within 90 days. The recalled member
may stand in that election. |
| |
| Defence of the Constitution
and Human Rights |
| |
| See the discussion above in relation
to Quebec concerning the Canadian federal system and the Canadian Charter
of Rights and Freedoms. |
| |
| Redress of Grievances |
| |
| Ombudsman |
| |
| The Ombudsman was introduced
to British Columbia in 1979. The office deals with complaints about the
practices and services of public bodies. He or she is an officer of the
Provincial legislature, independent from government and files an annual
report with the legislature. The Ombudsman makes investigations and has
the authority to recommend changes in anything from administrative practise
to regulations or legislation. |
| |
| Other Protections Against
the Abuse of Power |
| |
| Federal System of Government |
| |
| See the discussion of the Canadian
federal system above in relation to Quebec. |
| |