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NATIONAL OF SOLOMON ISLANDS

Parliament Fact Sheet

No. [1]

WHAT IS PARLIAMENT? Order’ and it came into force on 7th July 1978. This brief explains the core functions of The establishes a National Parliament and how they contribute to good (law-making body) to be called the governance in the Solomon Islands. It also National Parliament of Solomon Islands. The highlights the basis of Westminster National Parliament is given the power to make and the separation of powers provided for in the laws for the peace, order and good Constitution. of the country.

The difference between Parliament and PARLIAMENT Government is often misunderstood even at the Parliament is the supreme legislative power. The most senior levels and has led to a perception National Parliament of Solomon Islands is a that Parliament is an arm of unicameral legislature (single chamber) that is government which is called together occasionally made up of 50 members elected in constituencies simply to pass the government’s legislative by general franchise every four years. Every time agenda. It has been strongly argued that it was an there is a or a by-election, voters inherent failure in the system of parliamentary elect members to the National Parliament. Our democracy in the Solomon Islands that both most recent election was held on 5 April 2006. contributed to the recent crisis and meant that the The current Parliament is the 8th Parliament since system of government failed to meet the the country gained independence. demands placed on it at that time.

CONSTITUTIONAL The system of government in the Solomon Islands is usually referred to as a . This means that our is a hereditary , Queen Elizabeth II, also known as the Sovereign. The Head of State is represented by the General of Solomon Islands. The powers and functions of the Sovereign are exercised within constitutional constraints which are reflected in the Constitution of Solomon Islands. The Constitution places political power in the hands Parliament House at Vavaya Ridge of representatives elected by the people and accountable to the people. The parliamentary FUNCTIONS OF PARLIAMENT system in the Solomon Islands is based on the Westminster model after the British system Provides a government from among based at Westminster in London. its members The Prime is elected by Members of The Constitution of Solomon Islands is also Parliament after a general election. The known as the ‘Solomon Islands Independence government is also constituted from among the

RESEARCH AND INFORMATION CENTRE, NATIONAL PARLIAMENT OF SOLOMON ISLANDS 1

Members of Parliament, and are appointed by the One way that Members of Parliament formally Governor General on the advice of the Prime carry out this representative function is through Minister as Ministers of . parliamentary debate. Another is to present petitions to the House from members of the The House must have ‘confidence’ in the public as the final form of redress of grievances. Government for it to continue in office. This is known as ‘’. The Representation is a two-way process. While each Government, also known as the Executive, is Member of Parliament has the role of then responsible for the administration of the representing the people’s view to the National country. Parliament and the Government, they also represent the actions of the House and the The lack of a strong party system has resulted in Government to the people in their various successive being formed from what constituencies. This is the connection between may be weak alliances or coalitions. This has each individual voter and the actions that affect often led to unstable and frequently changing the way the country is governed. If individual governments as a result of no confidence voters disagree with what they hear, they can motions or ultimately in 2000 as a result of exercise their votes at the next election to change armed intervention. The last government (2001- their representation to better reflect their interests 2005) was the first government since and expectations. independence to maintain confidence for the full parliamentary term. Approves public expenditure

A defeat for the Government on a vote in the In any democracy, there is a principle that there House does not mean that the House has lost should not be any expenditure of public funds confidence in the Government. It simply means without representation. Therefore, another major that there is insufficient support in the House for function of Parliament is to pass the budget that that proposal. This is particularly the case in the government proposes. The government relation to constitutional amendments which may regularly requires Parliament’s approval for require the support of two thirds or three quarters supply of public funds to run the country. The of all the members of Parliament. If however a annual budget of the government is subject to particular vote is identified as a confidence issue, parliamentary approval. In addition, the a lost vote could lead to another party or government can obtain interim finance by coalition forming a Government or the need for occasional passage of a ‘Supplementary an election. Matters relating to ‘supply’ of public Appropriation ’. These must be debated in funds are always matters of confidence because Parliament and each debate represents an without funds of public expenditure the opportunity for the Parliament to renew its Government cannot function. confidence (or otherwise) in the government.

Acts as a legislature Scrutinises the Government’s activities One of the most important and visible functions of the National Parliament is to pass the There are several processes by which Parliament legislation (laws) by which the country is can hold the executive (government) to account. governed. Section 59 of the Constitution of Perhaps the most visible of these is the daily Solomon Islands states that Parliament may question time, where members question make laws for the peace, order and good Ministers of the Government on their government of Solomon Islands. These laws management of the country’s affairs. This can be usually are called bills. When a bill has been a very powerful means of extracting information passed by Parliament, it shall be presented to the that might bring into question the performance of Governor General for assent and then the bill individual Ministers or the Government as a becomes law. All the laws made by Parliament whole. are called “Acts of Parliament”. Another way of scrutinising the Government is the ability of Parliamentary Select to Provides representation initiate their own inquiries. Usually, it is Parliament is an arena where people are necessary for these committees to compel represented in the decision-making processes. witnesses to attend and to answer questions. RESEARCH AND INFORMATION CENTRE, NATIONAL PARLIAMENT OF SOLOMON ISLANDS 2

Also, they can request government to produce In summary, functions in relation to the law are documents such as reports for the to distributed as follows to ensure no single arm is use as material for their enquiry. able to abuse its power:

DISTRIBUTION OF POWER • Parliament makes the laws. For any democracy to properly function, power • The Government administers the laws. cannot be concentrated entirely in one place. • The judiciary (the courts) interprets the laws. When the Solomon Islands gained independence, Parliament is recognised as the highest in it committed itself to the principle of ‘Separation authority in the law-making process because it is of Powers’. In the preamble to the constitution, it accountable to the people. However, it is not the is clearly stated that all the power in the Solomon sole lawmaker. The courts sometimes need to Islands belongs to its people and is exercised on establish what is called common law or judge their behalf by the legislature, the executive and made law and fill gaps where existing law is not the judiciary. There are several reasons why the clear. The courts are responsible for interpreting separation of powers need to be upheld: the laws made by Parliament.

• Without a judiciary that is independent of the executive government, citizens could not have When passing laws Parliament also delegates confidence in obtaining justice since the some secondary law-making powers to the executive could override the rulings made in government. This is known as delegated court. legislation. Parliament’s law-making role • If the courts could intervene in the legislative therefore involves a need for careful scrutiny of process, they would be able to prevent elected the Government’s legislative proposals. representatives from passing laws. • If the Parliament debated a particular court FURTHER READING case, it could undermine a fair trial by Goldsworthy, Jeffrey. The Sovereignty of influencing the judge. Parliament: History and Philosophy, Oxford • If the government could change the law by (): Clarendon Press, 1999. executive decree, that law would not receive public scrutiny. Moreover, it would not Acknowledgement benefit from the rigours of parliamentary We would like to acknowledge the contributions debate and examination. of the Office of the Clerk of the towards the production of this fact sheet.

RESEARCH AND INFORMATION CENTER, NATIONAL PARLIAMENT OF SOLOMON ISLANDS 3