DOCSLIB.ORG

Global Comparison

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Global Comparison Comparative research paper on parliamentary administration Constitution Diversity Legal framework Accountability Case studies Budgetary autonomy Oversight Human Parliamentaryframework autonomy Legal Global Diversity SecretaryRecruitment General Parliamentary snapshot Transparency administration Human resources Governance Global Parliamentary Development service act comparison Institutional memory Foreword The parliamentary administration forms the backbone a survey disseminated to parliaments, and a desk review of parliament. Parliaments and their members are of relevant texts and legal frameworks. The Appendix dependent on it to carry out their functions. The provides a more detailed examination of 13 case studies manner in which parliaments govern these services from a diverse sample of parliaments in tabulated form. and their staff – and the extent to which they can do so We are very grateful to the many parliaments who autonomously – varies from country to country. provided feedback to enrich this document as well as those who shared multiple ideas for future avenues of The efforts of parliaments to carve out greater autonomy research, further demonstrating the importance of the in their respective countries is often intertwined work of parliamentary administrations. with parliamentary development more generally, and this holds true in matters related to governance of We hope that this paper will not only become a rich parliamentary administration. In response to numerous source of knowledge for the parliamentary community, requests from parliaments, the IPU has undertaken but a stepping stone towards further research aimed research on comparative efforts to assist their at enabling parliaments to be even more effective and modernization. I am pleased to share with you the autonomous. For despite the diversity of frameworks and fruits of this research, which has been compiled into a practices parliaments have, all are united behind these paper for the benefit of the parliamentary community common objectives. The IPU is honoured to accompany worldwide. you to these ends. The paper offers a global overview of parliamentary administrations based on data collected over the past Martin Chungong three years, including from the IPU PARLINE database, IPU Secretary General Introduction This comparative research paper looks at the governance of parliamentary administrations. Parliamentary administrations – responsible for providing the organizational, day-to-day, budgetary and technical functions of parliaments – play a key role in effective functioning of parliaments by offering administrative expertise and building institutional memory. A well- resourced parliament generally has: (1) Sufficient expert staff providing impartial support; (2) A comprehensive library and information service; (3) Office facilities for individual members; and (4) Dedicated facilities for the main opposition party or parties.1 Parliamentary administrations are intertwined with these essential features of parliaments. To more effectively perform their functions and better reinforce the separation of powers between branches of State governance, observers have generally agreed that more autonomous parliamentary administrations are desirable.2 Autonomous parliamentary administrations require not only independence from the executive but must also be neutral and have sufficient expertise within the institution. There is also a recognition that parliamentary administrations, like parliaments themselves, are unique structures, with foundational histories old and young, yet constantly Plenary of the Vanuatu Parliament. © IPU/Pieyre-Bernard evolving and with distinct cultural characteristics, Castelier traditions, usages and practices. Assessing the internal structures of parliaments is – along The second approach consisted of an in-depth study of with other key indicators – a significant dimension of 13 parliaments, selected with consideration for ensuring evaluating the performance of the legislative branch. To regional and political diversity in the sample.4 Research was better understand the diversity of practices in this regard, conducted through a review of existing literature on the this paper aims to answer the following key questions: topic and an analysis of official documents – in some cases provided by parliaments – including State constitutions, • What are the differences in the legal frameworks of parliamentary legal documents and standing orders. The parliamentary administrations? paper was also shared with the 13 parliaments and feedback • What are the differences in the mandates and powers of was received and integrated from those who responded. parliamentary administrations? • What are the differences in the governance of parlia- This comparative research paper also generated additional mentary administrations? feedback from a number of other parliaments. Some of these parliaments expressed a desire for new or expanded These questions are addressed through two approaches. research into topics ranging from staffing and recruitment First, a global overview of the current state of to legislative drafting services – to name but two of the parliamentary administration governance was undertaken, subject areas suggested. These unsolicited contributions both through information already collected in the IPU highlight the interest in, and timeliness and relevance PARLINE database and through a dedicated survey of, further research into these and other parliamentary distributed in Spring 2016.3 administration subject areas. In addition to answering the above questions and providing a more overarching global snapshot, the research also 1 David Beetham (2006), Parliament and democracy in the twenty-first century: A guide revealed the following observations: to good practice (IPU), p. 116. 2 For example, one may refer to the Commonwealth Parliamentary Association’s study on administration and financing of parliaments and studies conducted by the Association 4 The IPU acknowledges that the selected parliaments, while broadly representative of Secretaries General of Parliaments (ASGP) in 1992, 1998 and 2008 on the autonomy of regional and political diversity, do not capture the full panoply of unique models in of parliaments and parliamentary administrations (see Bibliography for full citations). existence. In that regard, it is grateful to the parliaments of Armenia, Brazil (Senate), 3 The IPU acknowledges that this timeframe necessarily results in some information Burundi, Costa Rica, Croatia and Fiji for their voluntary additional contributions, and about certain parliaments not being completely up to date with the latest evolution of notes in particular Fiji’s recommendation for future research applicable to small island their circumstances. parliaments. 2 – Despite a small number of reports on the issue, – When chambers in bicameral parliaments differ global-scale comparative research on parliamentary on aspects of how their respective parliamentary administrations is lacking.5 administrations are governed,7 it is often with regard to – Parliamentary Service Acts (PSAs) are legal frameworks the method of appointment of the Secretary General adopted by countries often used to codify the key (SG)8 and budgetary procedures. characteristics, principles, mandates, composition, staffing and budgetary issues of parliamentary administration The paper is divided into two parts: the first presents and how they are to be governed. However, PSAs are a global snapshot of the current state of parliamentary one of a number of tools which serve to provide the administrations, and the second presents an in-depth study legal framework to parliamentary administrations. Other of 13 parliaments. methods include: articles in a country’s constitution, parliamentary rules and regulations, and government 7 It should be noted that, in the case of the three European bicameral parliaments highlighted for in-depth study (France, Germany and the United Kingdom), none has 6 decrees (Portugal is such an example). a parliamentary administration serving both Houses, unlike Austria, Bosnia and Herzegovina, Ireland and Switzerland, where this is the administrative structure employed. 5 Commonwealth Parliamentary Association (2005); ASGP Report (1999); Jeffrey D. 8 In this report, Secretary-General (SG) will be the term used for the head of the Straussman and Ari Renoni (2009). parliamentary administration of parliaments. Depending on the parliament, the position 6 Table 2, Column I in the Appendix, titled “Governing principles” provides detailed of SG can take different names, such as the Clerk, which is a term commonly used in information on this. many parliaments (Australia, Canada, Kenya, New Zealand and the United Kingdom). PART 1: Global snapshot of the current state of parliamentary administration The IPU survey provided additional results from To provide a global overview of the current state of 42 parliamentary chambers. It showed that of these parliamentary administration governance, the IPU 42 chambers, in 22 the parliamentary administration disseminated a survey to national parliaments in spring was considered as completely separate from the 2016. Complementing this information were data received civil service, while in 14 it was considered partially in surveys designed for the PARLINE database. separate.9 Only five countries responded that their parliamentary staff were under the administration of the I. Legal framework and separation of parliamentary civil service.10 administration
Load more

Recommended publications
  • Chapter 43 Electoral Statistics
    CHAPTER 43 ELECTORAL STATISTICS 43.1 India is a constitutional democracy with a parliamentary system of government, and at the heart of the system is a commitment to hold regular, free and fair elections. These elections determine the composition of the Government, the membership of the two houses of parliament, the state and union territory legislative assemblies, and the Presidency and vice-presidency. Elections are conducted according to the constitutional provisions, supplemented by laws made by Parliament. The major laws are Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, the Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of elections and post election disputes. 43.2 The Election Commission of India is an autonomous, quasi-judiciary constitutional body of India. Its mission is to conduct free and fair elections in India. It was established on 25 January, 1950 under Article 324 of the Constitution of India. Since establishment of Election Commission of India, free and fair elections have been held at regular intervals as per the principles enshrined in the Constitution, Electoral Laws and System. The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice- President of India. The Election Commission is headed by the Chief Election Commissioner and other Election Commissioners. There was just one Chief Election Commissioner till October, 1989. In 1989, two Election Commissioners were appointed, but were removed again in January 1990.
    [Show full text]
  • A Brief History of the Purcells of Ireland
    A BRIEF HISTORY OF THE PURCELLS OF IRELAND TABLE OF CONTENTS Part One: The Purcells as lieutenants and kinsmen of the Butler Family of Ormond – page 4 Part Two: The history of the senior line, the Purcells of Loughmoe, as an illustration of the evolving fortunes of the family over the centuries – page 9 1100s to 1300s – page 9 1400s and 1500s – page 25 1600s and 1700s – page 33 Part Three: An account of several junior lines of the Purcells of Loughmoe – page 43 The Purcells of Fennel and Ballyfoyle – page 44 The Purcells of Foulksrath – page 47 The Purcells of the Garrans – page 49 The Purcells of Conahy – page 50 The final collapse of the Purcells – page 54 APPENDIX I: THE TITLES OF BARON HELD BY THE PURCELLS – page 68 APPENDIX II: CHIEF SEATS OF SEVERAL BRANCHES OF THE PURCELL FAMILY – page 75 APPENDIX III: COATS OF ARMS OF VARIOUS BRANCHES OF THE PURCELL FAMILY – page 78 APPENDIX IV: FOUR ANCIENT PEDIGREES OF THE BARONS OF LOUGHMOE – page 82 Revision of 18 May 2020 A BRIEF HISTORY OF THE PURCELLS OF IRELAND1 Brien Purcell Horan2 Copyright 2020 For centuries, the Purcells in Ireland were principally a military family, although they also played a role in the governmental and ecclesiastical life of that country. Theirs were, with some exceptions, supporting rather than leading roles. In the feudal period, they were knights, not earls. Afterwards, with occasional exceptions such as Major General Patrick Purcell, who died fighting Cromwell,3 they tended to be colonels and captains rather than generals. They served as sheriffs and seneschals rather than Irish viceroys or lords deputy.
    [Show full text]
  • Congressional Record—Senate S8015
    January 1, 2021 CONGRESSIONAL RECORD — SENATE S8015 Whereas, in February 2019, the Department (B) guarantee unfettered humanitarian ac- (C) support credible efforts to address the of State announced that it would withhold cess and assistance to the Northwest and root causes of the conflict and to achieve some security assistance to Cameroon, in- Southwest regions; sustainable peace and reconciliation, pos- cluding equipment and training, citing cred- (C) exercise restraint and ensure that po- sibly involving an independent mediator, and ible allegations of human rights violations litical protests are peaceful; and efforts to aid the economic recovery of and by state security forces and a lack of inves- (D) establish a credible process for an in- fight coronavirus in the Northwest and tigation, accountability, and transparency clusive dialogue that includes all relevant Southwest regions; by the Government of Cameroon in response; stakeholders, including from civil society, to (D) support humanitarian and development Whereas, on December 26, 2019, the United achieve a sustainable political solution that programming, including to meet immediate States terminated the designation of Cam- respects the rights and freedoms of all of the needs, advance nonviolent conflict resolu- eroon as a beneficiary under the African people of Cameroon; tion and reconciliation, promote economic Growth and Opportunity Act (19 U.S.C. 3701 (3) affirms that the United States Govern- recovery and development, support primary et seq.) because ‘‘the Government of
    [Show full text]
  • No. 17. Parliamentary Committee.Pmd
    PARLIAMENTARY COMMITTEES The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in Committees of the House, known as Parliamentary Committees. 2. The origin of Committee system in India can be traced back to the Constitutional Reforms of 1919. The Standing Orders of the Central Legislative Assembly provided for a Committee on Petitions relating to Bills, Select Committee on Amendments of Standing Orders, and Select Committee on Bills. There was also a provision for a Public Accounts Committee and a Joint Committee on a Bill. Apart from Committees of the Legislative Assembly, members of both Houses of the Central Legislature also served on the Standing Advisory Committees attached to various Departments of the Government of India. All these Committees were purely advisory in character and functioned under the control of the Government with the Minister-in-charge of the Department acting as the Chairperson of the Committee. 1 3. A Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat. 4. Parliamentary Committees are of two types: Standing Committees and Ad
    [Show full text]
  • Haiti: Concerns After the Presidential Assassination
    INSIGHTi Haiti: Concerns After the Presidential Assassination Updated July 19, 2021 Armed assailants assassinated Haitian President Jovenel Moïse in his private home in the capital, Port-au- Prince, early on July 7, 2021 (see Figure 1). Many details of the attack remain under investigation. Haitian police have arrested more than 20 people, including former Colombian soldiers, two Haitian Americans, and a Haitian with long-standing ties to Florida. A Pentagon spokesperson said the U.S. military helped train a “small number” of the Colombian suspects in the past. Protesters and opposition groups had been calling for Moïse to resign since 2019. The assassination’s aftermath, on top of several preexisting crises in Haiti, likely points to a period of major instability, presenting challenges for U.S. policymakers and for congressional oversight of the U.S. response and assistance. The Biden Administration requested $188 million in U.S. assistance for Haiti in FY2022. Congress has previously held hearings, and the cochair of the House Haiti Caucus made a statement on July 7 suggesting reexaminations of U.S. policy options on Haiti. Congressional Research Service https://crsreports.congress.gov IN11699 CRS INSIGHT Prepared for Members and Committees of Congress Congressional Research Service 2 Figure 1. Haiti Source: CRS. Succession. Who will succeed Moïse is unclear, as is the leadership of the Haitian government. In the assassination’s immediate aftermath, interim Prime Minister Claude Joseph was in charge, recognized by U.S. and U.N. officials, and said the police and military were in control of Haitian security. Joseph became interim prime minister in April 2021.
    [Show full text]
  • Summary Records of the Proceedings of the 141St IPU Assembly
    Summary Records of the Proceedings of the 141st IPU Assembly Belgrade, Serbia 13-17 October 2019 Table of contents Page(s) Introduction ............................................................................................................................. 4 Inaugural ceremony of the 141st Assembly • Speech by Ms. Maja Gojković, Speaker of the National Assembly of Serbia .................. 5 • Message by Mr. Antonio Guterres, Secretary-General of the United Nations and Speech by Ms. Tatiana Valovaya, United Nations Under-Secretary-General and Director-General of the United Nations Office at Geneva ................................................ 5 • Speech by Ms. Gabriela Cuevas Barron, President of the Inter-Parliamentary Union .... 6 • Speech by Mr. Aleksander Vučić, President of the Republic of Serbia ............................ 6 Organization of the work of the Assembly • Election of the President and Vice-Presidents of the 141st Assembly .............................. 8 • Establishment of a quorum ............................................................................................... 11 • Consideration of requests for the inclusion of an emergency item in the Assembly agenda ............................................................................................................. 18 • Final agenda ..................................................................................................................... 21 General Debate on the theme Strengthening international law: Parliamentary roles and mechanisms, and
    [Show full text]
  • Dissolution of the Lok Sabha
    DISSOLUTION OF THE LOK SABHA Tanusri Prasanna* Introduction The dissolution of the twelfth Lok Sabha on the twenty sixth day of April, 1999, by the President Mr. K.R. Narayanan, and the role of the latter in the intense political decision making preceding the same, have thrown open afresh the debate as to the exact role of the President as envisaged in the Constitution in the matter of dissolution. This paper attempts to analyse this issue in light of various controversial views on the subject. Pre-independence constitutional debates in India were influenced by two models of democratic government: the British Parliamentary system, and the Presidential system of the United States. In the final analysis the British model being closer home, "every instalment of constitutional reform was regarded as a step towards the establishment of a democratic and responsible government as it functioned in Britain."' Thus, it is widely accepted by various scholars that the founding fathers of the Constitution had opted for the parliamentary system of government. Working on this premise, the concepts such as executive decision making as well as delineating limits and laying a system of checks and balances on the different wings of the government as provided by the inherent federal structure, have been debated over and over again. However, when the Constitution actually came into force, a reading of its provisions sparked off a new line of thought as to the very nature of government, and the Presidential model of the United States which had been earlier rejected was now compared and contrasted.2 These discussions and debates were mainly concerned with the respective powers of the President and the Prime minister in the Constitution and in cases where both entities were strong the clash of opinions was soon recognised.
    [Show full text]
  • Message from the Chair Newsletter of the Ifla
    NEWSLETTER OF THE IFLA SECTION ON LIBRARY A ND RESEARCH SERVICES FOR PARLIAMENTS FEBRUARY 2019 MESSAGE FROM THE CHA IR Dear Colleagues, INSIDE THIS ISSUE A very warm welcome to you all at the start of another busy year for IFLA and IFLAPARL, Message from the Chair / 1 How to join the Section as it is, I’m sure, for many of you as well. In Memoriam / 2 Back in December Karin and I submitted our Annual Report for the year gone by, which IFLA conferences 2018 was a good opportunity to look back on the Section’s work. In addition to our pre- conference and WLIC session (you can read more about these on p.2), we also made 3 Planning for the IFLA good progress with the work on the project to develop an ethics checklist for parliamen- conferences 2019 tary libraries and research services as well as updating the Section’s web pages. Howev- er, we cannot afford to rest on our laurels as there is plenty for us to be working on in this 4 - 7 Recent and upcoming year’s Action Plan! events News from Parliamentary 8 - 11 So back to 2019. Work is already well underway planning for this year’s pre-conference Libraries/Research Ser- and WLIC in Athens – more details can be found about these on p.3. While work also vices & partners continues on the next steps of IFLA’s Global Vision, which will result in the launch of a new IFLA strategy at the WLIC in August (see p.4).
    [Show full text]
  • LETTER to G20, IMF, WORLD BANK, REGIONAL DEVELOPMENT BANKS and NATIONAL GOVERNMENTS
    LETTER TO G20, IMF, WORLD BANK, REGIONAL DEVELOPMENT BANKS and NATIONAL GOVERNMENTS We write to call for urgent action to address the global education emergency triggered by Covid-19. With over 1 billion children still out of school because of the lockdown, there is now a real and present danger that the public health crisis will create a COVID generation who lose out on schooling and whose opportunities are permanently damaged. While the more fortunate have had access to alternatives, the world’s poorest children have been locked out of learning, denied internet access, and with the loss of free school meals - once a lifeline for 300 million boys and girls – hunger has grown. An immediate concern, as we bring the lockdown to an end, is the fate of an estimated 30 million children who according to UNESCO may never return to school. For these, the world’s least advantaged children, education is often the only escape from poverty - a route that is in danger of closing. Many of these children are adolescent girls for whom being in school is the best defence against forced marriage and the best hope for a life of expanded opportunity. Many more are young children who risk being forced into exploitative and dangerous labour. And because education is linked to progress in virtually every area of human development – from child survival to maternal health, gender equality, job creation and inclusive economic growth – the education emergency will undermine the prospects for achieving all our 2030 Sustainable Development Goals and potentially set back progress on gender equity by years.
    [Show full text]
  • Indian Parliament (Part 1)
    SUBJECT: POLITICAL SCIENCE IV TEACHER: MS. DEEPIKA GAHATRAJ MODULE: VIII, INDIAN PARLIAMENT AND STATE LEGISLATURE TOPIC: ORGANISATION, COMPOSITION AND ELECTION OF INDIAN PARLIAMENT PARLIAMENT The Parliament is the legislative organ of the Union government. It occupies a pre-eminent and central position in the Indian democratic political system due to adoption of the parliamentary form of government, also known as ‘Westminster’ model of government . Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and etc. of the Parliament. ORGANISATION OF PARLIAMENT Under the Constitution, the Parliament of India consists of three parts viz, the President, the Council of States and the House of the People. In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of People respectively. The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House). The former represents the states and union territories of the Indian Union, while the latter represents the people of India as a whole. Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President’s assent. He also performs certain functions relating to the proceedings of the Parliament, for example, he summons and prorogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session, and so on.
    [Show full text]
  • Federalism, Bicameralism, and Institutional Change: General Trends and One Case-Study*
    brazilianpoliticalsciencereview ARTICLE Federalism, Bicameralism, and Institutional Change: General Trends and One Case-study* Marta Arretche University of São Paulo (USP), Brazil The article distinguishes federal states from bicameralism and mechanisms of territorial representation in order to examine the association of each with institutional change in 32 countries by using constitutional amendments as a proxy. It reveals that bicameralism tends to be a better predictor of constitutional stability than federalism. All of the bicameral cases that are associated with high rates of constitutional amendment are also federal states, including Brazil, India, Austria, and Malaysia. In order to explore the mechanisms explaining this unexpected outcome, the article also examines the voting behavior of Brazilian senators constitutional amendments proposals (CAPs). It shows that the Brazilian Senate is a partisan Chamber. The article concludes that regional influence over institutional change can be substantially reduced, even under symmetrical bicameralism in which the Senate acts as a second veto arena, when party discipline prevails over the cohesion of regional representation. Keywords: Federalism; Bicameralism; Senate; Institutional change; Brazil. well-established proposition in the institutional literature argues that federal Astates tend to take a slow reform path. Among other typical federal institutions, the second legislative body (the Senate) common to federal systems (Lijphart 1999; Stepan * The Fundação de Amparo à Pesquisa no Estado
    [Show full text]
  • BRITISH Mingclbut and BRITISH Crvil POLICIES CTNDER the EARLY STUARTS
    THE SOVEREIGN OF ALL THESE ISLES: BRITISH MINGClbUT AND BRITISH CrVIL POLICIES CTNDER THE EARLY STUARTS A Thesis Presented to The Factg of Graduate Studies of The University of Guelph by ANDREW D. NICHOLLS In partial falfilment of reqoirements for the degree of Doctor of Philosophy Jnne, 1997 O Andrew D. Nicholls, 1997 National Library Bibliothèque nationale du Canada Acquisitions and Acquisitions et Bibliographie Services seMces bibliographiques The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Lhrary of Canada to Bibliothèque nationale du Canada de reproduce, loan, distnibute or sell reproduire, prêter, &strri.uer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retains ownefship of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fkom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. ABSTRACT THE SOVEREIGN OF ALL THESE ISLES: BRITISH KINGCRAFT AND BRITISH CML POLICIES UNDER THE EARLY STUARTS Andrew D. Nichoiis Advisors: University of Guelph, 1997 Dr. J.D. Alsop Dr. Donna Andrew This thesis is concemed with the challenge of multiple rule in the British Isles and extent to which the early Stuart monarchs, James VI and 1, and Charles 1, identified issues which were common to England, Scotland, and Lreland.
    [Show full text]