The Development of Parliaments

Part 1: From consultation and advisory assemblies to decision-making ones

Introduction:

Most countries around the world now have developed parliaments. Some have developed

parliaments earlier and furtherer than others. At least in terms of wider citizen

representation and effective law-making. Others have simply developed differently in

response to different needs.

Development of parliaments has generally taken the form of greater inclusion. Over

centuries, a greater cross-section of groups in society was gradually included in either the

consultation or decision-making process.

A modern parliament has three functions:

• making laws
• representing the electorate
• overseeing the government (using hearings and inquiries) Three kinds of assemblies Historically, these three functions in parliament have been done in three kinds of assemblies or meetings called:
• consultative
• deliberative
• judicial Modern parliaments often have a number of these different assemblies or councils running at the same time but the main one is the national debating and law-making chamber variously called the ‘House of representatives,’ the House of Commons, or the People’s Assembly. Early developments in the history of parliament were shifts from consultative assemblies to ones with power to make decisions. Parliaments began as councils who would give advice to kings or rulers. Therefore, they usually included people of wisdom and experience. Early councils gave advice, often about how much tax could be levied, but had no real power. Others had power but were largely ignored. Mother of all parliaments Most parliaments worldwide are based on the one developed in the United Kingdom of Britain (UK). Called after the area of London where the main law-making assembly has been housed since 1259, the ‘Westminster system’ experienced more developments than

anywhere else. And in a shorter time period. That is why it is called ‘the mother of all

parliaments.’

The usual way of tracing the development of parliamentary democracy is to divide it into

time periods along with breakthroughs in consultation and power-sharing:

• Early development
• representative parliaments
• modern parliaments Part 2: Today, parliaments can consult others worldwide Learning from others Parliament is the heart of a well-functioning democracy. Good rulers have always relied on advice from trusted experts and elders of their communities. Well run democracies, therefore, rely on advisory councils or shura that can give accurate information about the people’s concerns and needs. To discuss national or regional issues, and to pass laws to deal with these, democracies use a special assembly room or national debating chamber. For this system to work properly parliaments decide on rules, formalities and procedures that allow it to examine laws carefully – and then to pass them by majority. These are often called standing orders. The Inter Parliamentary Union (IPU), a contributor to parliamentary good practice since 1889, says truly democratic parliaments are ones which are:
• representative
• transparent
• accessible
• accountable
• effective No single model of democracy The IPU quotes from a qualification made by the 2005 UN World Summit that ‘there is no single model of democracy.’ However, the IPU’s mission is to offer a set of criteria which will enable all interested ‘to recognise what a democratic parliament might look like.’ There is value, IPU says, in giving a framework for and outlining a ‘clear sense of direction’. Ideally, all parliamentary institutions should be expressed in language understandable by all citizens. Often this will include other official languages of a nation, and interpreters of these. Good parliaments are not just democratic Good parliaments generally include:

• a guaranteed framework rights for all citizens
• ways to represent large numbers of citizens
• ways to make those in power accountable20
• ways to inform and include citizens – especially via news media and by the formation of political parties. Dimensions of democracy The IPU also outlines what it means by ‘dimensions of democracy’. They are:
• citizen rights
• institutions of representative and accountable government
• an active civil society
• political parties
• the communicating media. The Union reminds countries interested in best practice – what they more accurately call good practice, emphasising there is no single model of an effective democracy – that these roles or dimensions are what makes parliaments the central institution of democracy. The institutions set up to carry out this important role can be physical places or organised ways of doing things. In democracies both kinds of institution are required to inform citizens about their ways of operating. The institutions set up to carry out this important role can be physical places or organised ways of doing things. In democracies both kinds of institution are required to inform citizens about their ways of operating. Openness encourages trust The actual practices of this decision-making body, and the way the debating chamber is organised, have been adapted over hundreds of years to meet the needs of changing societies. As physical places, parliaments are expected to be open for the public to see and listen. This encourages openness or transparency, one of the key qualities of democracy. The 125-year old IPU, based in Geneva, has a wealth of comparisons to make from parliaments worldwide. From this experience they declare one of the most important parts 20 According to the IPU, good institutions or ways of organising government include: a guaranteed framework of rights for all citizens (most often in a constitution); ways to represent large numbers of citizens; ways to make those in power accountable; ways to inform and include citizens, especially by the use of the news media and through the formation of political parties. http://www.ipu.org/dem-e/guide.htm

of the ‘complex set of institutions and practices’ that make up modern parliament is a civil

society, or in other words: an active citizen body of citizens committed to some change.

Wider roles of parliament

And as the Union points out, parliaments have other roles which include:

• promoting civil society
• upholding the rights of a free press
• making themselves accessible and accountable
• protecting the rights of the judges and court system (judiciary) which act as one of the checks on their power. Traditional ways of acting, deciding and carrying out decisions are often borrowed from older institutions. They are then blended with local practices and traditional forms of expression The institutions set up to carry out this important role can be physical places or organised ways of doing things. In democracies both kinds of institution are required to inform citizens about their ways of operating. Many global examples of ‘good practice’ In its annual report the IPU report includes the results of a good practice survey sent out each year to parliaments world-wide. The results of this reveal that parliaments need to respond to different circumstances and challenges. Parliaments, according to the IPU, should not be seen just as buildings or offices where debating important issues happens. The most effective institutions and practices, IPU maintains, “will mediate between the will of the people and decisions made for their common good”. Such parliaments will be at the heart of a responsive government – that is, they will truly be government ‘by the people, for the people, of the people’

Part 3: Key events: UK parliament’s development into decision-making assembly

The following table summarises some of the main events in the development of the ‘mother of all parliaments’ in the United Kingdom of Britain during more than 1000 years. Act Date Description Effect 1066 William of Normandy rules over a feudal system but includes a council of advisers who as yet lack power Advisers are tenants-in-chief (a person who holds land) and ecclesiastics (religious officials) 1215 Magna Carta (the Great Charter) Limits power of kings and gives some rights to men of nobility, including the right to a fair trial 1265 Simon de Montfort's Parliament 1st representative parliament of advisors from landowning society 1295 Edward I's ‘Model Parliament’ adopts Montfort's scheme Also summons knights and burgesses; historically becomes known as the ‘summoning of the Commons’ 1341 Commons first have a meeting separate from the Kings rooms First example of bicameral system; the emergence of parliament as an institution 1430, 1432 Introduction of formal property ownership qualification for voting rights: the forty shilling freeholders franchise New county franchise sets uniform threshold for voting rights 1547 St Stephen's Chapel, in the Palace of Westminster becomes meeting place of the House of Commons of England

Petition of Right 1628 Asserts certain rights of Parliament and the individual Taxation requires parliamentary consent; writ of habeas corpus is restated 1649 Charles I executed Commonwealth of England Bill of Rights (England & Wales) Claim of Right (Scotland) 1689 Asserts certain rights of Parliament & of the individual Contributes to parliamentary supremacy over the monarch – therefore a landmark in the development of civil liberties in the United Kingdom Great Reform Act Second & Third Reform Act 1832 1867 1884 Wider male franchise & more even representation See history of elections in the United Kingdom Ballot Act 1872 1872 Secret ballot See voting system Parliament Act of 1911 1911 Payment of Members of Parliament is introduced With Parliament Act of 1949, supremacy of the House of Commons21 Representation of the People Act 1918 1918 Universal male franchise and franchise is expanded to include some women (above age 30 and meeting certain conditions) All male adults and about 40 percent of adult women gain suffrage (dependant on marital status, property ownership) Equal Franchise Act 1928 1928 Universal male and female suffrage from age 21 Electoral equality between women and men Representation of the People Act 1969 1969 Voting age is lowered to 18 Franchise is expanded 21 Note: In the UK, the monarch still has the right to ‘warn, encourage and be consulted.’

History of parliaments – animations

60 SEC ANIMATION

• http://www.parliament.uk/education/about-your-parliament/history-of-parliament/ 8.23 SEC ANIMATION ON UK PARLIAMENT HISTORY AND WORKINGS
• https://www.youtube.com/watch?v=RAMbIz3Y2JA 60 SEC HOW PARLIAMENT WORKS
• https://www.youtube.com/watch?v=GbLTwQwXqWc 6.47 SEC PARLIAMENTARY VS PRESIDENTIAL DEMOCRACY EXPLAINED
• https://www.youtube.com/watch?v=4quK60FUvkY

BKGRNDR 2-1

RESPONSIBLE GOVERNMENT’ AS PART OF ACCOUNTABILITY Responsible government is the term given to a form of accountability in the Westminster system of parliamentary democracy. In Westminster democracies governments (or at least executive branch) are responsible to parliament rather than to the monarch. In bicameral parliaments the government is responsible first to the parliament's lower house. The lower house is always more numerous and because it is directly elected it is more representative of the people than the upper house. This form of accountability shows itself in several ways. Ministers account to Parliament for their decisions and for the performance of their departments. For example, Ministers of police and security, of health and welfare, of education. This requirement to answer questions in Parliament about the running of such departments, and to make announcements, means that ministers have to have the privileges of the ‘floor’. These are only granted to those who are members of either house of Parliament. Secondly, although ministers are officially appointed by the head of state (president/king) and can theoretically be dismissed by that sovereign authority, they concurrently retain their office subject to their holding the confidence of the lower house of Parliament. When the lower house has passed a motion of no confidence in the government, the government must immediately resign or submit itself to the will of the electorate in a new general election to be held as soon as practicable. Lastly, the sovereign is in turn required to effect their sovereignty only through these responsible ministers. He or she must never attempt to set up a "shadow" government of executives or advisors and attempt to use them as instruments of government, or to rely upon their "unofficial" advice. In effect the sovereign is an impasse breaker, putting decisions back to the people.’ His/her ministers are required to counsel him/her (i.e., explain to him/her and be sure s/he understands any issue that s/he will be called upon to decide for the good of the entire nation, but generally these are issues which affect the whole nation and usually in times of emergency.