New and Notable Titles

A selection of recent publications relating to parliamentary studies prepared with the assistance of the Library of Parliament (December 2023 – May 2024).

Edwards, Cecilia. “Curating the record of free speech in Parliament.” Australasian Parliamentary Review 38 (2):146-68, Spring/Summer 2023.

The value of freedom of speech in parliamentary debates is enhanced when it is recorded and communicated beyond the debating chamber and its immediate audience (members, the press, and the public). It can inform and influence a future readership. This paper takes a gentle look at some bruising encounters in the nineteenth and twentieth centuries in the struggle to curate the parliamentary record in New Zealand and across the Tasman. ‘Curating’ rather than ‘editing’ the record speaks to the origins of Hansard as an attempt by members to have their speeches reported fully and accurately. The paper takes as its starting point the principle that our understanding of the past can inform how we approach present and future challenges.

Feldman, Charlie. “You can’t print that in Hansard: Surveying Hansard expungements in Canada, Australia and New Zealand.” Australasian Parliamentary Review 38 (2): 97-117, Spring/Summer 2023.

Hansard is thought of as being the complete parliamentary record; however, Parliaments in Canada, Australia and New Zealand have occasionally expunged portions of their Hansards. Using newspaper reports, this article surveys examples of this practice to identify both the contexts in which expungements have occurred and their associated parliamentary mechanics.

Fleming, Tom. “Recall petitions: process, consequences, and potential reforms.” Constitution Unit 5p., December 11, 2023.

The author outlines how the UK’s recall system works, summarises its effects to date, and outlines possible areas for reform.

Hall, Rowan. “Should military action require parliamentary approval?” Constitution Unit: 4p., May 2, 2024.

The role of parliament in authorising the use of military force has been much debated in recent years, and most recently due to airstrikes against targets in Yemen. The Unit hosted an event with three distinguished experts to discuss what role – if any – parliament should have in approving military action.

Hestermeyer, Holger, and Alexander Horne. “Treaty scrutiny: the role of Parliament in UK trade agreements.” CITP – Centre for Inclusive Trade Policy Briefing Paper 9: 30p., 22 January 2024.

This project sets out to describe the development and current state of UK treaty scrutiny and, from there, to develop realistic proposals for improvement, allowing for a greater involvement of Parliament in treaty-making and thus for a more inclusive trade policy.

Law, Thomas. “Populism, premiers and protection of ‘Charter’ rights: the notwithstanding clause and the rise of populism in Canada.” Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 18 (1): 131- March/mars 2024.

…the use of the notwithstanding clause by provincial premiers has surged in recent years after seemingly to have fallen out of favour at the end of the 20th century. The increased frequency in the use of the notwithstanding clause can be attributed to the resurgence of populism in Canadian politics, with populist premiers leading the charge in the provinces’ newly rediscovered interest in section 33. This paper will examine the history of the notwithstanding clause and what purpose the clause was intended to serve when it was included in the Charter.

LeBlanc, Jeremy. “Introduction: a Canadian perspective on parliamentary diplomacy.” Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 17 (3): 501-, September/septembre 2023.

Parliamentary diplomacy encompasses a wide variety of activities undertaken by legislators to build relationships with counterparts in other jurisdictions, whether to promote action or attempt to influence decisions in certain areas, to offer technical assistance and capacity building or to hold governments to account. At the Parliament of Canada, there have generally been three goals which have guided diplomatic engagement: ‘exchanging ideas and best practices, helping to inform collective policy and action; and promoting democratic values and Canadian interests.’ This is achieved through the diplomatic activities of the Speakers of the Senate and the House of Commons, formally recognized bilateral and multilateral parliamentary associations and interparliamentary groups, a series of friendship groups, not to mention individual efforts by parliamentarians through their own networks.

Long, Ramona. “Planting the seed: the importance of parliamentary procedure education for Members of Parliament and the opportunity to inspire during induction process.” Australasian Parliamentary Review 39 (1): 112-29, Autumn/Winter 2024.

…this article ultimately encourages the importance of inspiring members to engage with, learn and seek further education in parliamentary procedure and that the parliamentary role is more integral to the representative and political roles than first assumed. It is identified that the induction process of a new parliament is an opportune time to sell this message.

Meakin, Alexandra and Sabina Siebert. “Custodians of the Palace of Westminster.” Parliamentary Affairs 77 (2): 240-61, April 2024.

While the Palace of Westminster, the home of the UK Parliament requires an extensive programme of repairs and action to implement, this programme—known as Restoration and Renewal—has been hampered. This article explores the concept of custodianship and poses a question: who are the custodians of the Palace and for whom do they preserve the Palace? Drawing on two research projects, this article explores differing interpretations of custodianship in this context, and whether decisions made about the parliamentary building are made to preserve the history of the Palace, improve working conditions in the present, or with the future of the building (and institution) in mind.

Norton, Philip. “An inquiry into inquiries: why the House of Lords has established a Statutory Inquiries Committee.” Constitution Unit 4p., April 11, 2024.

As the Post Office Horizon IT Inquiry and the Covid-19 inquiry continue their work, the author explains how public inquiries can operate very differently, depending on how they are established. The author discusses the numerous ways inquiries can operate, analyses post- legislative scrutiny of the relevant legislation, and outlines the aims of a new parliamentary inquiry on the subject, which the author chairs.

Ouellette, Roger. “The participation of New Brunswick in the parliamentary bodies of the Commonwealth and the Francophonie.“ Journal of Parliamentary and Political Law / Revue de Droit Parlementaire et Politique 17 (3): 597-, September/September 2023.

…the provincial legislature has multilateral links with the Commonwealth Parliamentary Association and the Parliamentary Assembly of La Francophonie. We will examine the nature and scope of New Brunswick’s participation in these two parliamentary bodies.

Paquin, Stéphane, and Nancy Rossi. “Parliamentary paradiplomacy: the case of the Québec National Assembly.” Journal of Parliamentary and Political Law/ Revue de droit parlementaire et politique 17 (3): 601-, September/septembre 2023.

The parliamentary paradiplomacy of the Assemblée Nationale du Québec has been growing rapidly since the second half of the 1970s and more particularly since the 2000s. Paradiplomacy refers to the diplomatic actions of non-central governments, such as the government of Québec, in parallel with those of sovereign states.

Power, Greg. “The personal side of parliamentary reform.” Constitution Unit 4p., February 20, 2024.

The view that Westminster is not functioning as it should, and that reform would be beneficial, has become increasingly widespread in recent years. The author argues that it is not sufficient to focus on technical details and process: reform efforts must instead understand what politicians believe to be important and offer them ways of dealing with those issues better.