Strengthening the Parliamentary Scrutiny of Delegated Legislation: Lessons From Australia

This entry is part 6 of 13 in the series Vol 42 No. 4 (Winter)

Strengthening the Parliamentary Scrutiny of Delegated Legislation: Lessons From Australia

Delegated legislation involves Parliament lending its legislative powers to the executive branch of government, such as to the cabinet or an individual minister. As the ultimate source of legislative power, Parliament has a special responsibility to keep an eye on executive lawmaking. The Australian federal scrutiny committee – formerly called the Senate Standing Committee on Regulations and Ordinances, and now rebadged as the Senate Standing Committee for the Scrutiny of Delegated Legislation – recently carried out an inquiry to consider how it could improve its scrutiny process. In 2019 it published a unanimous report that was endorsed by the Australian Senate in November when it amended its Standing Orders in line with the committee’s proposed changes. This article provides an overview of the Australian scrutiny committee and its inquiry. It then considers the committee’s report and recommendations, which present an opportunity to consider changes to the parliamentary scrutiny of delegated legislation
in other jurisdictions such as Canada.

Lorne Neudorf Continue reading “Strengthening the Parliamentary Scrutiny of Delegated Legislation: Lessons From Australia”

CSPG Conference – Parliament and the Courts

This entry is part 7 of 13 in the series Vol 42 No. 4 (Winter)

CSPG Conference – Parliament and the Courts

The Canadian Study of Parliament Group’s annual conference explored the important, intricate and evolving relationship between Parliament and the Courts. Increasingly, Courts turn to the parliamentary record to inform
their decisions, while parliamentarians cite judicial pronouncements as the reason for action or inaction. Four panels were organized to examine when and how Parliament seeks to inform the Courts, how the Courts understand
Parliament, the role each institution plays within Canada’s constitutional architecture, and the many facets of this relationship – from reference powers to the notwithstanding clause.

Will Stos Continue reading “CSPG Conference – Parliament and the Courts”

CSPG Seminar: The Legislative Role of Parliamentarians

This entry is part 8 of 13 in the series Vol 42 No. 4 (Winter)

CSPG Seminar: The Legislative Role of Parliamentarians

In their legislative role, parliamentarians propose and amend laws, and review regulations. This seminar discussed the practical realities of law-making within the parliamentary context and provided an overview of shifts in Parliament’s legislative practices as a result of developments that have seen, among other things, an increase in Senate-initiated legislation and amendments, and the increased consideration of messages in the House of Commons. Whether parliamentarians are experienced
lawyers or persons with no legal background, they all participate in the legislative process; this seminar aimed to analyze how they go about that task and what it means for our democracy.

Will Stos Continue reading “CSPG Seminar: The Legislative Role of Parliamentarians”

Parliamentary Bookshelf: Reviews

This entry is part 9 of 13 in the series Vol 42 No. 4 (Winter)

Parliamentary Bookshelf: Reviews

Parliament in the Age of Empire: The Hold of Tradition and the Obligations of Power

Time and Politics: Parliament and the Culture of Modernity in Britain and the British World by Ryan A. Vieira (Oxford University Press) 2015. 199p.

Essays on the History of Parliamentary Procedure in honour of Thomas Erskine May edited by Paul Evans (Hart Publishing) 2017. 347p.

Continue reading “Parliamentary Bookshelf: Reviews”

The Canadian Region

This entry is part 10 of 13 in the series Vol 42 No. 4 (Winter)

The Canadian Region

New NWT Speaker

On October 24, Mackenzie Delta MLA Frederick Blake Jr. was acclaimed as Speaker of the Northwest Territories’ Legislative Assembly.

Speaker Blake said he planned to promote the value of NWT’s consensus style of government by aiming to travel more to smaller communities and particularly by focusing on visiting youth in schools.

Continue reading “The Canadian Region”

New and Notable Titles

This entry is part 11 of 13 in the series Vol 42 No. 4 (Winter)

New and Notable Titles

A selection of recent publications relating to parliamentary studies prepared with the assistance of the Library of Parliament (September 2019 – November 2019)

“Fighting talk – The threat to MPs from the public is greater than ever.” Economist 433 (9163), October 5, 2019.

Continue reading “New and Notable Titles”

Sketches of Parliament

This entry is part 13 of 13 in the series Vol 42 No. 4 (Winter)

Sketches of Parliament

War Hero Charles Rutherford

David Bogart, a communications officer with the Legislative Assembly’s parliamentary protocol office, often leads tours of the building. In a conversation with journalists from the Toronto Star he revealed that he once had a medium on tour who sensed a spirit named Charles. Further research led Bogart to conclude that the spirit haunting the legislature was none other than Charles Rutherford.

Born in Colbourne, Ontario, in 1892, Rutherford was a member of the 23rd Battalion during the First World War. He earned multiple military medals during his service, including the Victoria Cross for bravery. Known for his sharp wit and ability to lead assault parties, he was also the last surviving Canadian soldier to receive the medal of valour for the Great War. Some have qualified him as a “regimental soldier,” and others as a scowling man in a red military uniform. He is rumored to haunt the main staircase.

Continue reading “Sketches of Parliament”

Parliamentary Politics Runs In The Family: The Halldorsons

This entry is part 1 of 14 in the series Vol 42 No. 3 (Fall)

Parliamentary Politics Runs In The Family: The Halldorsons

Elin Salome Halldorson was the first female elected from a rural riding and the second woman to be elected to the Manitoba Legislature. She was also the first female of Icelandic descent to be elected in Manitoba. Salome, as she was known, was born in Lundar, Manitoba in 1887, shortly after her parents emigrated from Iceland. Salome studied at Wesley College, the University of Manitoba and completed post-graduate studies in the United States and France. She taught languages at a private Icelandic school in Winnipeg where she was also the principal and dean.

Salome was elected as the Member of the Legislative Assembly for St. George in the 1936 provincial election. During her campaign, she gained popularity by speaking in French, Icelandic, English or German, depending on her audience. A strong believer in the Social Credit movement, she was one of five candidates who won a seat; she later became the president of the Manitoba Social Credit League. She was defeated in the next general election in 1941 by Skuli Sigfusson.

Continue reading “Parliamentary Politics Runs In The Family: The Halldorsons”

The Inception of an International Grand Committee

This entry is part 2 of 14 in the series Vol 42 No. 3 (Fall)

The Inception of an International Grand Committee

Many issues studied by parliaments cross borders and boundaries. Concern about a major data breach involving social media users prompted similar parliamentary committee studies in both Canada and the United Kingdom. Information exchanged between the two committees and their willingness to work together paved the way for the inception of an International Grand Committee (IGC) – a series of meetings held by existing national-level parliamentary committees where parliamentarians from other countries are invited to participate. In this article, the authors outline the process to create the IGC, summarize two IGC meetings, and present comments on the IGC’s work by three Canadian parliamentarians who participated in these meetings. They conclude by noting the IGC meetings enabled parliamentarians from various countries to work together on issues of shared concern and importance, using existing national parliamentary committees as hosts and conduits for these international meetings; this structure differs from the work of multilateral interparliamentary assemblies.

Alexandra Savoie and Maxime-Olivier Thibodeau
Continue reading “The Inception of an International Grand Committee”

Top