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Reforming Parliamentary Democracy 1st Edition Leslie
Seidle Digital Instant Download
Author(s): Leslie Seidle; David C. Docherty
ISBN(s): 9780773570825, 0773570829
Edition: 1
File Details: PDF, 2.42 MB
Year: 2003
Language: english
109207.book Page i Monday, March 31, 2003 10:15 PM
Reforming Parliamentary
Democracy
edited b y
f. leslie seidle
a n d dav id c . doc herty
This book has been published with the help of a grant from the
Humanities and Social Sciences Federation of Canada, using funds
provided by the Social Sciences and Humanities Research Council
of Canada. Funding has also been received from the Canadian Study
of Parliament Group and Wilfrid Laurier University.
Contents
Introduction 3
David C. Docherty
F. Leslie Seidle
representation
Introduction 21
Institutional Change in a Small Democracy: New Zealand’s
Experience of Electoral Reform 25
Jonathan Boston
The Australian Republic: Act I 56
Cheryl Saunders
Solving the Conundrum of Second Chamber Reform
in the United Kingdom 83
Lord Wakeham
responsiveness
Introduction 95
Canada and the Aboriginal Peoples: From Dominion
to Condominium 99
Paul L.A.H. Chartrand
109207.book Page vi Monday, March 31, 2003 10:15 PM
vi contents
m u l t i - l e v e l g ov e r n a n c e
Introduction 169
The Interdependence of Governments in Canada 173
Stéphane Dion
The uk ’s Rolling Program of Devolution: Slippery Slope
or Safeguard of the Union? 180
Robert Hazell
Designing Parliament for Cooperative Federalism:
South Africa’s National Council of Provinces 202
Christina Murray
Conclusion: Can Canada Learn Some Lessons? 223
David C. Docherty
Notes on Contributors 241
Index 243
109207.book Page vii Monday, March 31, 2003 10:15 PM
Acknowledgments
Like all edited books, this volume is the product of many people’s
efforts, and not just of those who contributed chapters. A number of
other individuals and organizations played a major role in the process
that led to its publication.
The Canadian Study of Parliament Group (cspg ) launched the
project by sponsoring the original meeting of contributors. This pro-
vided an opportunity to share initial thoughts and review the thrust
and direction of reforms to parliamentary democracy that had been
carried out or were under discussion in the countries represented.
Carmen DePape, then the secretary of the cspg , was instrumental in
arranging the schedule and itineraries of a truly international cast of
scholars. Without her enormous effort this entire project would not
have gotten off the ground. Robert Marleau, then Clerk of the House
of Commons, was a huge supporter of this project, and arranged for
logistical and financial support for the meeting. We very much appre-
ciate all these contributions.
We would like to thank the anonymous reviewers who offered some
very sound and helpful views on how to improve the consistency and
quality of the volume. Many of their suggestions were reflected in
revisions to the various chapters. The book has been strengthened as
a result.
We appreciated the patience of the contributors who faced a few
delays and many e-mails from the two of us. Their goodwill and
willingness to strengthen their already high quality analyses were most
encouraging.
109207.book Page viii Monday, March 31, 2003 10:15 PM
viii a c k n ow l e d g m e n t s
Introduction
david c. docherty
and f. leslie seidle
4 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
i n t ro d u c t i o n 5
6 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
i n t ro d u c t i o n 7
8 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
i n t ro d u c t i o n 9
representation
10 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
local interests when they are forced to choose between the two.19
Canadians are not alone in finding this fault with their legislators:
strength of party discipline is a concern in Australia and to a lesser
extent in Great Britain and New Zealand.
Concern over the ability of members to place constituency concerns
ahead of party loyalty is not the result of the method used to select
representatives. Canada and Australia have very strong party disci-
pline, but the members of their lower houses are chosen by different
electoral rules. Although Westminster-style parliamentary systems have
traditionally relied on the single-member plurality system, of the coun-
tries examined in this volume only Canada and Great Britain still
employ this system for their lower house at the national level. Australia
uses a proportional representation (pr ) system for senators and the
alternative vote for members of the House of Representatives. There
is little incentive in Canada, at least among the governing class, to
experiment with a change to the electoral system. The result has been
a series of majority elections where the winning party arrives with a
much larger percentage of seats than votes. In addition, the governing
party can often win a majority while being virtually shut out of some
provinces and regions.
Great Britain has been far more willing than Canada to adapt its
electoral system. After yet another long period of slow adaptation,
perhaps the time was ripe for Britain to embrace fast-paced reforms.
In Scotland, the move to institute a system of proportional represen-
tation produced election results that would not have occurred under
the national system, namely a coalition government between the Scottish
Labour and Liberal Democrats. The attempts by Labour in Westminster
to control events in Wales had disastrous results. The first two leaders
of the Welsh assembly, the choice of London, were gone in less than
eighteen months.
While New Zealand did not tackle change on as many fronts, the
adoption of a multi-member proportional system in 1996 was a major
departure. As Jonathan Boston notes in his chapter, the move to pr
was one of many options New Zealand’s Labour Party considered in
the mid-1980s to try to address citizen detachment from the state. Of
the primary options on the table, pr was chosen over an entrenched
constitution (with a charter of rights) and the re-establishment of a
second chamber. Among other reasons for deciding to adopt pr was
the view that pr would result in a diffusion of power from the
executive to the legislature.
Unlike the British experiment, where pr was adopted for new leg-
islatures, the New Zealand move affected an existing assembly. The
inevitable threats to majority governments and a stable two-party
109207.book Page 11 Monday, March 31, 2003 10:15 PM
i n t ro d u c t i o n 11
12 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
responsiveness
i n t ro d u c t i o n 13
14 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
issue, can have its flaws. The question was lost not because the majority
were opposed to a republic, but because there was no agreement on
the form of a republic. Despite a failed referendum, however, few in
Australia believe the issue is resolved.
Being responsive also requires parliamentary democracies to
acknowledge actions and, if necessary, take redress on the actions of
previous governments. This includes meeting responsibilities to indig-
enous peoples. Canada, Australia, and New Zealand have all had less
than noble pasts when it comes to recognizing Aboriginal peoples and
their rights, cultures, and approaches to government. During the past
two decades, the three countries have attempted, with mixed success,
to make progress on Aboriginal issues.
The New Zealand experience offers some telling comparisons to
Canada’s historic relations with first peoples. Compared to the many
First Nations of Canada, the Mäori are a homogeneous nation. Cov-
ered under the single Treaty of Waitangi, the Mäori’s constitutional
place in New Zealand’s government is in certain respects clearer than
that of the Aboriginal peoples in Canada. As Mason Durie takes us
through the history of Mäori participation in New Zealand society
and government, it becomes clear that the notion of dedicated seats in
Parliament has had both advantages and drawbacks. Just as the move
to change the electoral system produced the opportunity for broad
discussion on representation in New Zealand, it also put the question
of how best to respond to Mäori calls for economic and political
equality back on the table.
Durie argues that Mäori influence goes beyond representation in
Parliament and includes a recognition of the need to promote Mäori
culture and language in all areas of government. Most importantly,
there has been a public acknowledgment that the Crown must meet
its obligations under the Treaty of Waitangi to respect and protect
Mäori interests and denounce the historic goal of assimilation.
In Canada, many Aboriginal peoples are not covered by a treaty.
The varied arrangements mean the Canadian state and native peoples
face a much different set of problems. Native Canadians are also
burdened with negotiating with two levels of government whose goals
are seldom complementary. This adds additional impediments to rec-
ognizing the role and place of Aboriginal people in Canadian society.
In his chapter, Paul Chartrand persuasively argues for a new approach
to dealing with First Nations. Doing so would require a type of
national forum that could establish principles which recognize the First
Nations’ constitutional and democratic place. As Chartrand argues,
doing so would move Canada further from its dominion past to a
nation of shared power and responsibility, or a condominium.
109207.book Page 15 Monday, March 31, 2003 10:15 PM
i n t ro d u c t i o n 15
multi-level governance
16 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
i n t ro d u c t i o n 17
This volume should also provide valuable lessons for those interested
in questions of representation and government responsiveness in Canada.
We have expended great energies addressing issues through the pro-
cesses of multi-level governance, often with fruitful results for public
policy. But with the exception of the most significant constitutional
changes in our history – the 1982 patriation of the constitution and
adoption of the Charter of Rights and Freedoms – we have failed to
move away from the Westminster model. The reasons for this and its
implications are explored in our conclusion to the volume.
While it would be rash to predict the outcome in the individual cases
examined in this collection, it is clear that the story of major change
and lesser adaptation will continue. The obstacles to significant reform
are not small. Changes to one aspect of parliamentary democracy will
have subsequent, and often unintended consequences for other branches
of government. As countries confront the challenges of representation,
responsiveness, and multi-level governance they do so with the under-
standing that altering institutional arrangements will have significant
implications for the practice of parliamentary democracy.
The countries reviewed here, and others as well, have a great deal
to learn from changes adopted elsewhere, particularly as to the degree
they helped meet the objectives of their proponents. It is hoped that
this volume will enrich both this process of mutual learning and future
debate about how to preserve the enduring qualities of parliamentary
institutions while adapting them to the needs of increasingly diverse
societies and the expectations of their citizens.
notes
18 f. l e s l i e s e i d l e / dav i d c . d o c h e r t y
i n t ro d u c t i o n 19
Representation
22 i n t ro d u c t i o n
representation 23
24 i n t ro d u c t i o n
26 jo n a t h a n b o s t o n
only fleetingly. These include the circumstances under which mmp was
introduced,3 the process of government formation following the elec-
tions of 1996 and 1999, the art and craft of coalition management,
changes to the policy process, and the management of Parliament
under minority government. Equally important, this chapter does not
explore in detail the methodological problems which arise in any
evaluation of important constitutional changes – like electoral reform –
such as the difficulties of establishing appropriate counterfactuals,
distinguishing between transitional and continuing effects, and deter-
mining causation.4
28 jo n a t h a n b o s t o n
to rekindle interest in the idea attracted little backing from either his
parliamentary colleagues or the wider political community. No doubt
this lack of support reflects the unitary nature of New Zealand’s
governmental system, and hence the absence of states or provinces
which might be attracted to the idea of a Senate as an instrument for
protecting their interests. Equally, however, the establishment of an
upper house was not regarded by critics of the existing constitutional
arrangements as an effective solution to their particular concerns. After
all, unless such a chamber had significant powers to veto legislation
or block supply, it would not be able to exercise much control over
the executive. Yet there was unlikely to be support within the political
community for an upper house with powers of this kind.
The third option for constitutional reform – the one that ultimately
secured political support – was to replace fpp with a form of pr.
Advocates of this proposal argued that such a change would not merely
enhance the fairness of the electoral system, but would also bring an
end to single-party majority government, thereby encouraging greater
interparty cooperation, increasing the influence of Parliament in the
policy process, and reducing the capacity of governments to act in an
arbitrary and unrestrained fashion. Furthermore, it was contended –
at least by some – that pr would foster a more consensual and less
adversarial approach to the conduct of parliamentary affairs, increase
public confidence and trust in the nation’s political institutions, and
encourage greater citizen engagement in political life.
As one might expect, such contentions were not readily accepted by
the country’s existing political elites. Proportional representation, after all,
represented a significant threat to the dominance of the two major
parties – Labour and National. However, as a result of strong public
pressure – founded upon widespread anger at the willingness of suc-
cessive governments to break major campaign promises, and assisted
by a carefully-crafted Royal Commission report recommending elec-
toral reform – the National government in the early 1990s eventually
agreed to allow the country’s citizens to determine the future of the
electoral system. In a vigorously contested binding referendum held
concurrently with the general election of 6 November 1993, a majority
of voters (54 per cent to 46 per cent) opted to endorse the Royal
Commission’s preference for a form of pr similar to that used in
Germany.
Given the importance of the Royal Commission in the events
leading up to the introduction of mmp, the next section of this chapter
provides a brief account of the commission’s key arguments and
recommendations.
109207.book Page 29 Monday, March 31, 2003 10:15 PM
30 jo n a t h a n b o s t o n
that mmp satisfied more of the relevant criteria than the other available
options. For instance, the Commission argued that mmp was “clearly
superior” to stv on at least three counts: it was expected to generate
more proportional results and was thus more likely to satisfy the
criterion of “fairness between political parties”; it was more compat-
ible with New Zealand’s tradition of single-member constituencies and
would ensure more “effective representation of constituents”; and it
would avoid the intraparty conflicts which stv systems tended to
encourage (and was thereby more likely to satisfy the criteria of
“effective political parties” and “effective Parliament”).19
The Royal Commission conceded that under a proportional system
like mmp both coalition and minority governments were more likely.
Nevertheless, it questioned whether such outcomes would undermine
the achievement of “effective government.” Indeed, it argued that
“where there is a reasonable threshold which prevents the proliferation
of minor parties, governments remain at least as effective, and possibly
more so if proportionality results in the adoption of more consistent,
consultative and broadly supported policies.”20
While preferring mmp to alternative systems of pr, the Royal Com-
mission’s proposal differed in some respects from the system used
in Germany.21 Under its preferred approach, Parliament would have
120 members, with 60 constituency seats and 60 party (or list) seats.
As in Germany, each elector would have two votes, one for a party
list and the other for a constituency representative. Once the winners
of the constituency contests were known, the 60 list seats would be
allocated so as to achieve overall proportionality. The party lists, as in
Germany, would be closed (i.e., voters would not be able to alter the
order of the candidates on the lists). However, unlike the situation in
Germany, the party lists would be nationwide rather than regional.
The Commission also recommended that there be two thresholds for
achieving representation in Parliament: either a party would need to
secure a combined list vote of at least 4 per cent of all list votes or it
would need to win at least one constituency seat. In Germany, by
contrast, the thresholds are 5 per cent and three seats within a region.
On the controversial and sensitive issue of separate Mäori represen-
tation (which had been introduced in 1867), the Commission argued
that under mmp it would be possible for Mäori interests to be properly,
effectively, and fairly represented under a common roll (albeit in the
context where Mäori parties would be exempt from the proposed party
vote threshold).22 Accordingly, its preferred approach was for the
separate Mäori seats and Mäori roll to be abolished. At the same time,
it argued that if mmp were not adopted, then a system of separate
Mäori representation (and thus dual constituencies) should be retained
109207.book Page 31 Monday, March 31, 2003 10:15 PM
32 jo n a t h a n b o s t o n
4 seats were set aside for the indigenous Mäori population (who were
able to choose whether to register on the general electoral roll or the
separate Mäori electoral roll). Of the general seats, a fixed number
(25) were allocated to the South Island, with the number of North
Island seats adjusted every five years according to the relative size of
the population of the two islands. In 1993, there were 70 North Island
seats, an increase of 19 since the early-1960s (reflecting the North
Island’s more rapid population growth).
Under mmp, the number of seats increased to 120 in line with the
Commission’s recommendations. The main anchor in the new system
(as under the previous fpp regime) is provided by the allocation of a
fixed number of general seats to the South Island. This has been set
at 16, 9 fewer than under fpp (reflecting the reduced number of
constituency seats under mmp). On this basis there were 44 general
seats in the North Island in 1996 and 45 in 1999.
Contrary to the Commission’s recommendations, it was decided to
retain separate Mäori seats.26 However, the number of these seats is
no longer fixed at 4 but instead varies according to how many voters
choose to register on the Mäori electoral roll. For a variety of reasons,
there has been a trend since the mid-1990s for more Mäori to opt for
the separate roll: the result has been a gradual increase in the number
of Mäori seats – to 5 in 1996, 6 in 1999, and 7 in 2002.
As should be evident, the number of party (or list) seats under the
new electoral system is not fixed. Instead, it depends on the total
number of general and Mäori constituencies. At the first mmp election
there were 65 constituency seats; this increased to 67 in 1999. Accord-
ingly, there were 55 party seats in 1996 and 53 three years later. If
current population trends continue and there is no reduction in the
South Island quota, the number of constituency seats will gradually
increase. While this presents no major problems in the near future, at
some stage the number of party seats will fall to a point where it will
be increasingly difficult to ensure that the parties receive their propor-
tionate share of parliamentary seats.
34 jo n a t h a n b o s t o n
effective. There were also concerns that the transition to the new
electoral system could be politically destabilizing, especially given the
need to reduce the number of electorate seats from ninety-nine to sixty-
five and the disruptive effects which this would have for many parlia-
mentary careers.
Party Total seats Electorate List Party Total seats Electorate List
Votes Seats votes in Parliament votes seats seats votes in Parliament votes seats seats
National 035.1 50 033.8 044 036.7 033.9 30 14 030.5 039 032.5 031.3 22 17
Labour 034.7 45 028.2 037 030.8 031.1 26 11 038.7 049 040.9 041.8 41 08
New Zealand First 008.4 02 013.4 017 014.2 013.5 06 11 004.3 005 004.2 004.2 01 04
Alliance 018.2 02 010.1 013 010.8 011.3 01 12 007.7 010 008.3 006.9 01 09
109207.book Page 35 Monday, March 31, 2003 10:15 PM
act 000– .– 006.1 008 006.7 003.7 01 07 007.0 009 007.5 004.5 00 09
United 000– .– 000.9 001 000.8 002.1 01 00 000.5 001 000.8 001.1 01 00
Green 000– .– 000– 00– 000– 000– 0– 0– 005.2 007 005.8 004.2 01 06
Christian Heritage 002.0 00 000– 00– 000– 000– 0– 0– 002.4 000 000.0 002.2 00 00
Christian Coalition 000– .– 004.3 000 000.0 001.5 00 00 000– 0..– 000– 000– 0– 0–
Legalise Cannabis 000– .– 001.7 000 000.0 000.2 00 00 001.1 000 000.0 000.3 00 00
Future New Zealand 000– .– 000– 00– 000– 000– 0– 0– 001.1 000 000.0 000.9 00 00
Others 001.6 00 001.5 000 000.0 002.7 00 00 001.5 000 000.0 002.6 00 00
Total 100.0 99 100.0 120 100.0 100.0 65 55 100.0 120 100.0 100.0 67 53
Turnout of those enrolled: 85.2% 88.2% 84.8%
Source: Chief Electoral Office, The General Election and Electoral Referendum 1993 (1994); The General Election 1996 (1997); The General Election 1999 (2000).
Note: Parties that obtained at least 1 per cent of the vote or at least one seat in any of the three general elections are included in this table.
In 1996, the Christian Heritage Party was part of the Christian Coalition.
109207.book Page 36 Monday, March 31, 2003 10:15 PM
36 jo n a t h a n b o s t o n
Prime Parliamentary
Minister Dates Parties Basis
Source: Jonathan Boston, Governing Under Proportional Representation: Lessons from Europe
(Wellington: Institute for Policy Studies, 1998), 96.
Abbreviations: roc = Right-of-Centre Party
nzf = New Zealand First Party
Political Participation
Outre les points d'appui qu'il avait dans le Nord, tels que Dantzig,
Thorn, Stettin, Custrin, Napoléon songeait à se créer au milieu de
l'Allemagne un dépôt aussi vaste, aussi sûr que celui de Dantzig,
mais placé entre l'Oder et le Rhin, et capable d'arrêter un ennemi qui
viendrait par la mer. Il avait déjà dans cette position, Magdebourg,
place d'une grande force, et à laquelle il y avait peu à faire. Mais
Magdebourg était trop haut sur l'Elbe, trop loin de la mer, et n'était
pas situé de manière à contenir le Hanovre, le Danemark, la
Poméranie. Hambourg avait au contraire tous les avantages de
situation qui manquaient à Magdebourg. La
Projet d'un
vaste nombreuse population de cette ville, si elle offrait
établissement quelque danger de rébellion, présentait aussi des
de guerre à ressources immenses en matériel de tout genre, et
Hambourg. Napoléon pensait avec raison qu'une armée ne
trouve tout ce dont elle a besoin qu'au milieu des
populations accumulées, largement pourvues de ce qu'il leur faut
pour manger, se loger, se vêtir, se voiturer. Il avait fait aussi la
réflexion que Hambourg étant le principal chef-lieu des trois
nouveaux départements anséatiques, on y trouverait toujours en
douaniers, percepteurs des contributions, gendarmes, marins,
soldats sortant des hôpitaux, bataillons de dépôt, dix ou douze mille
Français, qui tous ensemble fourniraient une garnison puissante,
moyennant qu'on eût laissé dans la place un fonds permanent de
troupes du génie et d'artillerie. Hambourg avait de plus l'avantage de
pouvoir donner asile à la flottille des côtes, car elle recevait dans ses
eaux de fortes corvettes, et jusqu'à des frégates. Napoléon ordonna
donc de grands travaux pour embrasser, sinon dans une enceinte
continue, au moins dans une suite d'ouvrages bien liés, cette vaste
cité anséatique, qui allait devenir la tête de notre établissement
militaire au milieu de l'Allemagne et sur la route de Russie.
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