The Structure and Function of Legislatures

The Structure and Function of Legislatures

ObjectivesObjectives

to understand key conceptsto examine the functions of legislaturesto explore different models of representationto discuss key definitions in small groups after plenary

to understand key conceptsto examine the functions of legislaturesto explore different models of representationto discuss key definitions in small groups after plenary

Concepts relevant to legislaturesin appendix

for discussion in small groups

Concepts relevant to legislaturesin appendix

for discussion in small groups

governmentoppositioncabinetmajority governmentminority governmentcoalition governmentparty discipline

governmentoppositioncabinetmajority governmentminority governmentcoalition governmentparty discipline

Parliament as ‘the talking place’Parliament as ‘the talking place’

the legislature is Ontario’s parliamentparliament comes from French verb parler -- to talkmakes decisions on behalf of all Ontarians

the legislature is Ontario’s parliamentparliament comes from French verb parler -- to talkmakes decisions on behalf of all Ontarians

Parliament as ‘the talking place’Parliament as ‘the talking place’

how does a legislature talk?debate, deliberate and decide

what does our legislature talk about?municipal, provincial, national and international issuesstructures the public conversation

who talks?government vs. oppositiongovernment through cabinet

how does a legislature talk?debate, deliberate and decide

what does our legislature talk about?municipal, provincial, national and international issuesstructures the public conversation

who talks?government vs. oppositiongovernment through cabinet

The provincial legislature as the Speaker sees it

The provincial legislature as the Speaker sees it

Government Government OppositionOpposition

CabinetCabinet��

Legislative Assembly of Nunavut

Legislative Assembly of Nunavut

SpeakerSpeakerRegular MembersRegular MembersCabinetCabinet

Legislative Assembly of the Northwest Territories

Legislative Assembly of the Northwest Territories

CabinetCabinet SpeakerSpeakerRegular MembersRegular Members

The German legislature(Bundestag)

The German legislature(Bundestag)

CDU/CSP Party SectionCDU/CSP Party SectionSPD Party SectionSPD Party Section

Functions of legislatures Functions of legislatures

Hold the government accountable

Hold the government accountable Provide different viewsProvide different views

Pass lawsPass laws Represent usRepresent us

Functions of legislatures Functions of legislatures

Hold the government accountable

Hold the government accountable

Functions of legislaturesFunctions of legislatures

•Hold the government accountablecollective accountability

cabinet as a whole

individual accountability each minister individually

keep government honest

•Hold the government accountablecollective accountability

cabinet as a whole

individual accountability each minister individually

keep government honest

Tools of accountabilityTools of accountability

Question Period votes of non-confidencemedia ‘scrums’debatescommittee systemOfficers of the Legislature

Auditor General, Ombudsman, Integrity Commissioner

Question Period votes of non-confidencemedia ‘scrums’debatescommittee systemOfficers of the Legislature

Auditor General, Ombudsman, Integrity Commissioner

Functions of legislatures Functions of legislatures

Hold the government accountable

Hold the government accountable Provide different viewsProvide different views

Functions of legislaturesFunctions of legislatures

•Provide different viewsprovide a government in waitingoffer alternative policies to

governmentprime the pump of public debate

•Provide different viewsprovide a government in waitingoffer alternative policies to

governmentprime the pump of public debate

Functions of legislatures Functions of legislatures

Hold the government accountable

Hold the government accountable Provide different viewsProvide different views

Pass lawsPass laws

Functions of legislaturesFunctions of legislatures

•Pass lawsparliament rarely initiates laws,

cabinet almost always doesif government has a majority it is

rarely constrained by the legislature. Why?

•Pass lawsparliament rarely initiates laws,

cabinet almost always doesif government has a majority it is

rarely constrained by the legislature. Why?

The predominance of majority governments

The predominance of majority governments

Number of majority governments in OntarioNumber of majority governments in Ontario

The importance of the lawmaking function

The importance of the lawmaking function

to scrutinize lawsto hold a public debateto confer legitimacy

to scrutinize lawsto hold a public debateto confer legitimacy

Factors that shape legislative discussion and debate

Factors that shape legislative discussion and debate

party disciplinecabinet solidaritymass media shape public conversation

party disciplinecabinet solidaritymass media shape public conversation

Functions of legislatures Functions of legislatures

Hold the government accountable

Hold the government accountable Provide different viewsProvide different views

Pass lawsPass laws Represent usRepresent us

RepresentationRepresentation

legislatures represent uswho are we?

women, men, region, religion, class, ideology, party?

legislatures can privilege different kinds of representation

legislatures represent uswho are we?

women, men, region, religion, class, ideology, party?

legislatures can privilege different kinds of representation

Different kinds of representationDifferent kinds of representation

Representative as agentRepresentative as person reflective of a part of the population

Representative as agentRepresentative as person reflective of a part of the population

Representation in legislaturesRepresentation in legislatures

•Representative as elected officialgeographicideologicalparty basedrepresentative sample of the

population (or mirror representation)combination of above

•Representative as elected officialgeographicideologicalparty basedrepresentative sample of the

population (or mirror representation)combination of above

How should our representatives behave?

How should our representatives behave?

representative as “trustee”decision-making based on wisdom

representative as “delegate”delegate of partydelegate of constituency

representative as “trustee”decision-making based on wisdom

representative as “delegate”delegate of partydelegate of constituency

ConclusionConclusion

legislatures perform an essential role in societyhow they perform their functions is importanttherefore, those things that affect the way legislatures function are important

legislatures perform an essential role in societyhow they perform their functions is importanttherefore, those things that affect the way legislatures function are important

Legislatures matter to electoral systems and vice versa

Legislatures matter to electoral systems and vice versa

Each of the legislature’s functions is partially a consequence of electoral systems through

different chances for alternatives to be hearddiffering abilities to pass lawsdifferent kinds of accountabilitydifferent kinds of representation

Each of the legislature’s functions is partially a consequence of electoral systems through

different chances for alternatives to be hearddiffering abilities to pass lawsdifferent kinds of accountabilitydifferent kinds of representation

Questions to ponder...Questions to ponder...

What kind of representation is important?

depends on what we value• a local or regional representative• different ideological views• more parties or fewer parties• reflective of the population

What kind of representation is important?

depends on what we value• a local or regional representative• different ideological views• more parties or fewer parties• reflective of the population